Swipe left – defeats Muzmatch

Muzmatch” is a dating and marriage app that offers Muslims with the way to locate a marriage companion online in a way that is like minded with Islamic values.

Match Group these days added proceedings in opposition to Muzmatch for exchange mark 香港交友app infringement and passing off. It trusted some of its registered marks which include MATCH.COM and a stylised model of the phrase “Match”.

The common element among the ones marks and the “Muzmatch” sign is the phrase “match”. That phrase is inherently descriptive, a reality that would in the main be problematic for claimants.

However, Match Group had been able to demonstrate that it had constructed up tremendous emblem focus inside the word “healthy”. As such, the average patron might remember the fact that the phrase “suit”, inside the context of on-line courting offerings, can be both (a) distinct (i.E. Used as a brand through Match Group) and (b) descriptive. For instance, “I met my ideal suit on Match”.

That made it easier for Match Group to demonstrate that the average purchaser could finish that “Muzmatch”, through incorporation of the phrase “healthy”, become linked in some material manner Match Group. For example, as a sub-logo focused at Muslims.

The common purchaser was less probable to understand use of the word “healthy” as being descriptive of a carrier matching Muslims collectively.

On that basis, Muzmatch become discovered to be liable for trademark infringement under s.10(2)(b) of the Trade Mark Act 1994 (i.E. Probability of bewilderment).

Further, the Muzmatch signal become utilized in an nearly completely distinctive way (i.E. As a logo). By doing so, Muzmatch turned into taking some of the gain of Match Group’s recognition and funding in constructing brand recognition of the phrase “in shape” inside the context of on line dating without buying it. This blanketed the usage of the word “healthy” as a part of an SEO strategy intended to draw customers searching for the services supplied via Match Group.

Muzmatch changed into, therefore, additionally responsible for exchange mark infringement below s10(three) of the Trade Mark Act 1994 (taking unfair advantage of the exceptional person or the reputation of Match Group’s marks), as well as passing off.

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