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Plentyoffish Media v Plenty More LLP

[2011] EWHC 2568 (Ch)

Case summary last updated at 02/02/2020 19:15 by the Oxbridge Notes in-house law team.

Judgement for the case Plentyoffish Media v Plenty More LLP

C ran a dating website in America called ‘Plenty of Fish’, which was free to join. D, a British company, set up a pay-for-use dating website in UK called ‘Plenty More Fish’, and had this registered as trademark. C claimed that D was profiting from its goodwill. C claimed that:
1)     its website was heavily visited by UK internet users, and that these people were C’s customers
2)     even if the website users did not constitute customers, a mere ‘trade connection’ to UK suffices to give a business goodwill in the UK.
Held:
 
First argument
·        Is possible for customer to be someone using a service for free. 
·        However mere act of visiting C’s website does not make someone a customer
·        To be customer, person visiting website must actually become a member and sign up to use C’s services.
 
Second argument
·        A mere ‘trade connection’ to UK does not suffice
Ø  i.e. this argument was not accepted in Pete Waterman Case.
·        Thus fact that C’s reputation in UK earns him money(from adverts) does not suffice to show goodwill in absence of UK customers

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