OPW - Oct 18 - PlentyofFish were appealing for a declaration of invalidity for the UK registered trademark PlentyMoreFish. They argued that granting the trademark PlentyMoreFish in October 2007 was illegal and that it had left some consumers confused between the two services thus affecting the business of PlentyofFish in the UK.
Mr Landau, who approved the trademark, believed that on the 24th of April 2007, when PlentyMore applied for the trademark, PlentyofFish had no ’goodwill’ in the mind of the purchasing public in the UK. He found hits and visits to the website but no customers at that time.
PlentyofFish argued there was a proven trade connection between their website and the UK market and that visitors to the site should be viewed as customers as the site earns its money from advertising. However, the judge contended that a reputation is not enough and reminded PlentyofFish that this was case regarding the trademark of a dating site not advertising services. He said that since there were no paying customers in the UK before April 2007 then there was no ‘goodwill’ in the mind of the purchasing public and the case was dismissed.