Back in July 2020, the popular internet dating site Match.com issued a claim alleging that competitor site ‘Muzmatch’, an online Muslim-only dating site, had infringed on its registered IP rights, namely its ‘MATCH’ and ‘TINDER’ trade marks (both registered in various forms).
Background
Match.com has been trading in the UK since 2001 by offering its online dating services to consumers and thus establishing a well-known reputation. The Defendant’s business had started trading back in 2011 and subsequently launched an app in 2015.
Between 2017-2019, both parties were in discussion of Match Group LLC purchasing the Defendant’s business. However, it appears that those negotiations did not proceed very far, and the acquisition was unsuccessful. This led the Claimant to bring the proceedings in question by claiming infringement on the grounds that the similarity of the trade marks will 1) cause confusion among consumers and 2) interfere with the Claimant’s reputation.
Decision
In his decision, Nicholas Caddick QC, sitting as a Deputy High Court Judge, held that there was a likelihood of confusion between the parties’ trade marks and that ‘match’ was a significant element in the distinctiveness acquired by Match.com.
Further, it was described that the Defendant had taken an unfair advantage of the distinctive character of the Claimant’s trade marks and the fact that the purchase of the business was a discussion did not mean that the Defendant’s business had any right to use the Claimant’s marks.
Nonetheless, the argument on reputation had not succeeded as it could not demonstrate that Muzmatch’s use of the marks/signs had resulted in any change in the economic behaviour of the average consumer.
At present, Muzmatch has changed its name to ‘Muzz’ to remove any traces of the term ‘match’.
If you have any queries regarding the above, or would require our assistance with an alternative matter, please do not hesitate to get in touch with out expert team of solicitors at Lawdit today.
Tel: 023 8023 5979
E-mail: info@lawdit.co.uk
