Could there be a trademark infringement if one &quot;slightly&quot; mimicks the end-name of a well known product in the same industry
<p>Say there is a famous product in the cryptocurrency software industry called <strong>&quot;Mixilux&quot;</strong>.</p>
<p>An ex-employee starts his own business and creates a new product and calls it <strong>&quot;Flexilux&quot;</strong></p>
<p>The names are different but the '-xilux' end is the same.</p>
<p>Would there be grounds for a lawsuit in this case?</p>

<h2>Yes</h2>
<p>Trademarks that are &quot;deceptively similar&quot; to another trademark are infringing.</p>
<p>In <a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" rel="tag">australia</a>, <a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/tma1995121/s10.html" rel="nofollow noreferrer">s10</a> the the <em>Trade Marks Act 1995</em> says:</p>
<blockquote>
<p>For the purposes of this Act, a trade mark is taken to be deceptively similar to another trade mark if it so nearly resembles that other trade mark that it is likely to deceive or cause confusion.</p>
</blockquote>
<p>Other jurisdictions have deceptively similar definitions.</p>
<p>For the example that you give, a prima facie case exists that the second is deceptively similar to the first. Whether a court will find that it is will depend on all the circumstances.</p>

trademark