"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.
Match Group recently brought proceedings against Muzmatch for
trade mark infringement and passing off. It relied on a number of
its registered marks including MATCH.COM and a stylised version of
the word "Match".
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, Match Group were able to demonstrate that it had built
up substantial brand awareness in the word "match". As
such, the average consumer would understand that the word
"match", in the context of online dating services, could
be both (a) distinctive (i.e. used as a brand by Match Group) and
(b) descriptive. For example, "I met my perfect match on
Match".
