Case No. EWHC-941-(IPEC)

109.In its Amended Defence, Muzmatch admits that the Match.com Marks (but not the word “match” by itself) have a reputation amongst members of the general public but not amongst members of the Muslim community. It also admits that the Match Device Mark has a minimal reputation but, again, not within the Muslim community.110.The task of showing that a mark has a reputation in the UK is not intended to be particularly onerous (see Red Bull v Sun Mark [2012 EWHC 1929 (Ch) at [90]) and, in my judgment, the evidence summarised in paragraphs 24-41 above, clearly establishes that by at 2011, the 1996 Match.com Mark had a very significant reputation in that it was clearly known by a very substantial part of the public concerned with such services and was, in fact, the dominant force in the market. Moreover, given that the evidence clearly shows that Match had Muslim customers, and that Mr Younas himself was well aware of the Match brand (despite not being a customer), I find that that reputation extended to people within the Muslim community. I am also satisfied that this reputation would also have attached to the later 2017 Match.com Mark upon it being registered.111.The position is different as regards the Match Device Mark. This had a filing date of 3 March 2015 and Ms Bowhill argued that as at that date it could have no acquired distinctiveness, but only its minimal inherent distinctiveness. I accept that I have to take this mark as it was as at its relevant date of 3 March 2015. However, as I have already found, by 2011 (and therefore as at 3 March 2015) the average consumer would have been aware that where the word “match” was used in a distinctive sense, it designated the services of Match, the Claimants (see paragraph 93(e) above). Of course, given Match’s dominant position in the market reflected in the levels of awareness summarised, its advertising and its social media following (see paragraphs 35-38 above), the Match Device Mark would rapidly have acquired its own distinctiveness and reputation in any event (including in the Muslim community) after 3 March 2015.