6 January, 2021 | By Magnus Frejd |
Written Osborne Clarke on 07 Nov 2011
US online dating website plentyoffish.com launched in 2001. British competitor вЂњPlenty More FishвЂќ set up in 2006 as well as in 2007 filed to join up a seafood logo design and also the terms PLENTY MORE FISH as A british trade mark. The united states site compared, but made it happen have grounds? Miah Ramanathan reports the verdict.
Who: Plentyoffish Media Inc, the claimant and lots More LLP, the defendant.
Just just exactly What occurred:
An effort by A united states based website that is dating have the enrollment of an identical brand name with A british company declared invalid on grounds of passing down unsuccessful during the tall Court as the United States site didn’t have clients in britain.
PLENTYOFFISH and PLENTYMOREFISH
The defendant started an on-line dating agency in 2006 and registered a figurative trade mark integrating the words “PLENTYMOREFISH” for agency online dating services in course 45 in October 2007 (the “Trade Mark”). In October 2008, the claimant, whom since 2001 had additionally operated an internet dating agency based offshore beneath the name PLENTYOFFISH, presented a software towards the British Intellectual Property workplace for a statement of invalidity according regarding the Trade Mark under section 5(4)(a) for the Trade Mark Act 1994 (the “TMA”).
The applying ended up being regarding the foundation that the Trade Mark constituted an infringement associated with claimant’s common legislation legal rights in moving down.