PayPal targets Pandora in battle of the Ps
Online payment platform PayPal has taken aim at internet radio station Pandora Media, claiming the company has deliberately modelled its new logo on PayPal’s ‘P’ trademark.
In a lawsuit filed at the US District Court for the Southern District of New York, PayPal accused Pandora of trademark infringement, trademark dilution and false designation of origin.
The claim arose after Pandora launched a new logo in October last year.
Both companies have used ‘P’ logos in the past but PayPal said these were easily distinguishable until now.
PayPal’s logo, a double P in a block style font, has been in use since 2014.
Pandora previously used a single ‘P’ logo in a thinner font but its new logo, although still a single ‘P’, is now also in a similar block style font.
PayPal’s logo is in two shades of blue while Pandora’s is one shade.
According to PayPal’s claim, filed on May 19, its logo has “achieved significant fame and consumer recognition” and “it was against this backdrop” that Pandora deserted its longstanding logo and “latched itself onto the PayPal logo”.
“The similarities between the logos are striking, obvious, and patently unlawful. Just like the PayPal logo, the Pandora logo is a capital P in block style, sans serif, with no counter, in the same deep-blue colour range,” the lawsuit said.
To back up its case, PayPal has also included screenshots from several Twitter users noting the alleged similarity between the logos. In some of the tweets, users claim they have opened the wrong smartphone app while others speculate whether PayPal has acquired Pandora.
In the complaint, PayPal said it does not want its customers to be “deceived” into believing that it is losing its focus on payments by moving into music streaming services.
It added Pandora’s alleged infringement is “especially egregious and harmful” because of its impact on mobile apps.
“PayPal and Pandora directly compete for real estate on the screens of mobile devices. Having a distinctive, non-confusing logo is critical in the mobile space,” the complaint said.
PayPal is calling for a jury trial, for the court to prevent Pandora from any further use of its new logo and for the company to take steps to dispel any false impressions that may have been created.
It is also calling for damages and attorneys’ fees.
