Written Osborne Clarke on 07 Nov 2011
US internet dating plentyoffish.com that is website launched in 2001. UK competitor вЂњPlenty More FishвЂќ set up in 2006 plus in 2007 filed to join up a seafood logo design therefore the terms PLENTY MORE FISH as A british trade mark. The usa 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 https://besthookupwebsites.net/sugardaddyforme-review/ just What happened:
An endeavor by a us based dating internet site to have the registration of the same brand by way of a british company declared invalid on grounds of passing down failed in the tall Court considering that the United States internet site would not 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 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 underneath the name PLENTYOFFISH, presented a software into the British Intellectual Property workplace for the statement of invalidity according associated with the Trade Mark under section 5(4)(a) of this Trade Mark Act 1994 (the “TMA”).
The application form ended up being regarding the basis that the Trade Mark constituted an infringement of this claimant’s typical legislation legal rights in passing down. Section 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 legislation (in specific regulations of passing down) protecting a trade that is unregistered or indication from getting used in the length of trade.