Showing posts with label PayPal. Show all posts
Showing posts with label PayPal. Show all posts

Tuesday, June 20, 2017

Delhi High Court grants Injunction Against Excel Telesonic

Cloudtail India Pvt. Ltd, the joint venture of Amazon, has received an injunction from the Delhi High Court against telecom technology company Excel Telesonic. Excel Telesonic has been asked to stop using the alleged “deceptively similar name” – ‘Cloudtele.’

Cloudtail had taken the company to court last month and sought damages worth INR 1 Cr.

Cloudtail sought a “decree of permanent injunction restraining the defendant, its directors, officers, servants and agents and all others acting for and on their behalf from using, depicting, displaying in any manner whatsoever, the trademark trade name Cloudtele or any other deceptively similar trademark, as a part of their trading name company name.”

Mumbai-based Excel Telesonic was founded in 2010. It is a telecom service company that provides fibre network services for telecom operators in South Mumbai. The company counts Airtel and Idea as clients.

In the suit, Cloudtail mentioned that its brand is a ‘well-known mark,’ and the use of Cloudtele by Excel Telesonic amounted to an infringement of its registered trademark. The company also asked for either “destruction“ of the domain name ‘http:www.cloudtele.com’ or for a transfer to the ecommerce seller.

Last month, at the last hearing, lawyers for Cloudtele said that the company will stop using the name ‘Cloudtele’ within the next four months. They also said that the company would only retain the word ‘cloud’ but will either prefix or suffix it with any other word and not ‘tail’ or ‘tele.’

In another instance of trademark infringement, US-based Paypal legally opposed Paytm for registering a ‘deceptively similar’ trademark. The filing for trademark opposition states that “the impugned trade mark is deceptively and confusingly similar to the opponent’s earlier trade mark inasmuch as the applicant has slavishly adopted the two-tone blue colour scheme of the opponent in its entirety.” In March 2017, a designer in Bengaluru claimed image copyright infringement of a line art image of Vidhana Soudha by cab aggregator Ola for a citywide billboard campaign promoting Ola Auto.

Cloudtail India Pvt. Ltd is a joint venture between Amazon Asia and Infosys founder NR Narayana Murthy’s private investment fund Catamaran Ventures.

Friday, December 23, 2016

PayPal opposes registration of Paytm’s new trademark

Global payments major PayPal has filed a complaint opposing the registration of Paytm's trademark in a notice with the local trademark office, which falls under the ministry of commerce. The notice reviewed by TOI, says that PayPal has pointed out that Paytm's trademark is "deceptively and confusingly similar to PayPal" with a similar color scheme.


"The first syllable in each mark is in dark blue colour and second syllable is in light blue colour. Further both marks begin with PAY' which consumers tend to remember more than the second syllable, and the marks are of similar length.These similarities cause likelihood of confusion in the aggregate, specially considering the fame of the opponent's (PayPal) earlier trademark," the notice said.


When contacted, both PayPal and Paytm spokespersons refused to comment on the matter.



The Noida-based Paytm had advertised its trademark registration in July, a mandatory step, after which anyone, if at all, gets a period of four months to raise objections. The timing of PayPal's notice is interesting since it was filed on the last day of the mandatory timeline. Paytm has been one of the biggest beneficiaries of the government's demonetisation plan announced over a month back. It has seen a big jump in new users, transaction volumes due to the cash crunch. PayPal has mentioned in its notice that its brand name has been registered since 1999 across the globe. "It remains to be seen if the matter will reach the courts if they do not find a resolution through this process,".