Written Osborne Clarke on 07 Nov 2011
US internet dating plentyoffish.com that is website 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 plus the terms PLENTY MORE FISH as A british trade mark. The united states site compared, but achieved it have grounds? Miah Ramanathan states the verdict.
Who: Plentyoffish Media Inc, the plenty and claimant More LLP, the defendant.
just What occurred:
An effort with a us based website that is dating have the enrollment of an identical brand name by way of A british company declared invalid on grounds of passing down failed during the tall Court as the United States web site didn’t have clients in the united kingdom.
PLENTYOFFISH and PLENTYMOREFISH
The defendant started an on-line agency that is dating 2006 and registered a figurative trade mark including the words “PLENTYMOREFISH” for agency 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 underneath the name PLENTYOFFISH, presented a credit card applicatoin to your British Intellectual Property workplace for the statement of invalidity according for the Trade Mark under section 5(4)(a) of this Trade Mark Act 1994 (the “TMA”).
The applying had been in the foundation that the Trade Mark constituted an infringement for the claimant’s typical legislation legal rights in moving down. Part 5(4)(a) of this TMA provides that the trade mark shall never be registered if its use within the united kingdom would otherwise be avoided under any guideline of law (in specific regulations of moving down) protecting a trade that is unregistered or indication from getting used for the duration of trade.