All India Bar Examination (AIBE) 19-XIX Previous Year Question Papers with Answers

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99.

Soham, an independent software developer, created a mobile app called "FitLife" that provides personalized fitness plans. He registered the app's name and logo under trademark law and copyrighted the app's source code. However, six months after its launch, Soham discovered a competing app called "EitLyfe", with a similar logo and features, being marketed by a large tech company. Soham believes the competing app copied elements of his source code and intentionally used a confusingly similar name and logo to mislead customers.

On the basis of the above problem, select the correct option.
Under trademark law, can Soham claim infringement for the use of a similar name and logo by the competing app ?

A: Yes, if he can prove that the names are confusingly similar.
B: No, because the competing app has a different name and logo.
C: Yes, but only if the competitor is a small business.
D: No, trademark infringement can only occur if there is identical copying.

The answer is: A