The dating site operator Match Group, owner of services including Match.com, Tinder and Hinge, successfully defended an appeal by online dating service Muzz (previously named Muzmatch). The High Court upheld the earlier ruling that the average consumer would have thought Muzmatch was part of Match Group.
Cassandra Hill, Partner and Head of Mishcon de Reya's Intellectual Property Enforcement Group, wrote an article for The Trademark Lawyer exploring the decision, and what it would mean for future similar cases.
She commented: "The case demonstrates that, despite the two businesses operating in the same market for over 10 years and there being a lack of evidence of actual confusion between the two, one can still take unfair advantage of the other’s trademarks and be infringing if consumers believe there is a connection between the two businesses which affects trade origin. The Court was keen to impress that the position can change over time so it is worthwhile for brand owners to keep watch and take timely action."
Read Cassandra's article about Muzz's unsuccessful appeal on The Trademark Lawyer.