Is the famous Tinder app being replaced by another dating app on the market named Shinder?! Nedim Malovic of Sandart & Partners considers the IP implications of this brilliant entrepreneurial idea by Shed Simove.
“Shed Simove, a British author, performer, self-proclaimed motivational speaker and entrepreneur has successfully created his own web-based dating app where you get one chance to swipe right on just one man: Shed Simove himself.
The app specifically targets women, although men can also sign in. However, men who try to match with Mr Simove are greeted with a brief message informing them that Mr Simove prefers dating women.
Shinder works in a way similar to Tinder (apparently it also employs an algorithm similar to the one of Tinder): you set up a profile and get to swipe. If users swipe left, the app tells you “You dodged a bullet there, Shed is extremely high maintenance.” If you swipe right, the app promises to notify you if it’s a match. If Mr Simove likes you back, the app opens up a dialogue between the two parties.”
The imperative question is if there is a blatant trade mark infringement? A trade mark search reveals that the Tinder trade mark is registered in the EU under classes 9, 42 and 45 of the Nice Classification. Furthermore, the UKIPO database provides that Mr Simove filed a domestic trade mark application for the mark Shinder under classes 9, 42 and 45 of the Nice Classification. Needless to say, Tinder has opposed the application.
Nedim Malovic elaborates that the Tinder and Shinder signs are “phonetically and graphically similar, although the sign above the letter “i” is a small flame for Tinder and a devil’s silhouette for Shinder. Another noteworthy feature is the colour of the logos, both in not so dissimilar shades of red. In addition to the similarity of the signs, both signs are also used for identical services. There seems to be indeed a serious likelihood that Tinder’s opposition (already filed) will succeed.”