Later IPSOS reports
- given that Muzmatch started operating in around April to May 2011, the later reports (produced by IPSOS) are of less significance to the issues in this case although they continued to show that there was a very high level of brand awareness and TOM awareness of the Match brand which, after 2015, also included the Match Device Mark.34.As in most of the earlier reports, IPSOS’ July 2013 report used “Match.com” and “Match” almost interchangeably when referring to the business, (see especially at p.86) as did IPSOS’ January 2015 report. By contrast, its 2014 report tended to refer simply to “Match”. In its 2016 and subsequent Reports, IPSOS displayed the Match Device Mark or the device with an “M” and a heart (as shown in paragraph 21 above) but in its commentary referred to the business simply as “Match”.35.
- Introduction
- The witnesses
- Match’s business and branding
- Match’s reputation and goodwill
- The brand awareness and tracking reports
- TNS report 2009
- TNS report 2010
- TNS report 2011
- TNS report 2012
- Later IPSOS reports
- Match.com/Match
- How this level of awareness was achieved
- A dating service targeted at Muslims
- The choice of the “muzmatch” name
- How the name “muzmatch” was used
- Muzmatch’s Search Engine Optimisation (SEO) activities
- Settlement discussions and Match’s acquisition of Harmonica
- The trade mark claims
- Sections 10(2) and 10(3)/Article 9(2)(b) and 9(2)(c)
- The average consumer
- The relevant date
- The law relating to infringements under s.10(2)
- Was there an infringement under s.10(2)
- Condition (v) – identical or similar goods/services
- Condition (iv) –similarity of the marks/signs
- Condition (vi) - the likelihood of confusion
- Conclusion on s.10(2)
- Was there an infringement under s.10(3)
- The law relating to infringement under s.10(3)
- Requirement (i) - reputation
- Requirement (v) - similarity of sign/mark
- Requirement (vii) – a link
- Requirement (viii) – the three types of injury
- Requirement (viii) – unfair advantage
- Requirement (viii) – detriment to distinctive character
- Requirement (ix) – without due cause
- Honest concurrent user
- Conclusion
- Post script – suitability of IPEC
