by Williametta Garnett
WhatsApp is a messenging app owned by Facebook, Inc which allows users to send text messages and voice messages, make voice and video calls, and share images, documents, user locations, and other media.
WhatsApp Inc. has filed a trademark infringement against OmegaSoft Technology LLC’s proposed “WHATSPAY” trademark and accompanying design. OmegaSoft filed an application in January, seeking to use its WHATSPAY trademark for “downloadable computer software for use as an electronic wallet.”
WhatsApp argued that the proposed mark infringes upon its own trademarks because it could cause a likelihood of confusion. WhatApp explained that their mark and logo covers a wide variety of goods and services, including downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile, wireless, and communication networks, among others.
WhatsApp argued that the visual likeness of the marks creates a high chance of consumer confusion