Written Osborne Clarke on 07 Nov 2011
US internet dating internet site 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 as well as the terms PLENTY MORE FISH as A british trade mark. The usa site compared, but made it happen have grounds? Miah Ramanathan states the verdict.
Who: Plentyoffish Media Inc, the plenty and claimant More LLP, the defendant.
Just exactly exactly What occurred:
An endeavor with a us based dating site to have the registration of an equivalent brand name with a uk business declared invalid on grounds of passing off unsuccessful in the tall Court as the United States internet site didn't have clients in britain.
PLENTYOFFISH and PLENTYMOREFISH
The defendant began an on-line dating agency in 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 on-line dating agency based offshore beneath the title PLENTYOFFISH, presented a credit card applicatoin into the British Intellectual Property workplace for the statement of invalidity according regarding the Trade Mark under section 5(4)(a) of this Trade Mark Act 1994 (the "TMA").