Does Pandora’s single P mark infringe PayPal’s double P mark? PayPal says yes and filed a lawsuit claiming Pandora’s use of the single P mark causes confusion among consumers.
Every Federal circuit has adopted some form of the “likelihood of confusion” factors the Fourth Circuit articulated in George & Co. LLC v. Imagination Ent. Ltd., 575 F. 3d 383 (4th Cir. 2009). Applying those factors here to the facts as currently known in the PayPal, Inc. v. Pandora Media, Inc., 2017 WL 2289184 (S.D.N.Y.) case would go something like this:
Is the Plaintiff’s mark distinctive? Answer: Yes. Most consumers recognize the blue double P as PayPal’s logo.