"Muzmatch" is a dating and marriage app that provides Muslims with the means to find a marriage partner online in a way that is compatible with Islamic values.
The common element between those marks and the "Muzmatch" sign is the word "match". That word is inherently descriptive, a fact that would ordinarily be problematic for claimants.
However,
That made it easier for
The average consumer was less likely to understand use of the word "match" as being descriptive of a service matching Muslims together.
On that basis, Muzmatch was found to be liable for trademark infringement under s.10(2)(b) of the Trade Mark Act 1994 (i.e. likelihood of confusion).
Further, the Muzmatch sign was used in an almost exclusively distinctive way (i.e. as a brand). By doing so, Muzmatch was taking some of the benefit of
Muzmatch was, therefore, also liable for trade mark infringement under s10(3) of the Trade Mark Act 1994 (taking unfair advantage of the distinctive character or the repute of
Muzmatch intends to appeal.
Originally published
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