Plentyoffish Media v Plenty More LLP [2011] EWHC 2568 (Ch)

• Claimant ran a dating website in America called ‘Plenty of Fish’, which was free to join. Defendant, a British company, set up a pay-for-use dating website in UK called ‘Plenty More Fish’, and had this registered as trademark.

• Claimant claimed that Defendant was profiting from its goodwill. Claimant claimed that:

  • Its website was heavily visited by UK internet users, and that these people were Claimant’s customers

  • 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 Claimant’s website does not make someone a customer

• To be customer, person visiting website must actually become a member and sign up to use Claimant’s services.

Second argument

• A mere ‘trade connection’ to UK does not suffice

  • I.e. this argument was not accepted in Pete Waterman Case.

• Thus fact that Claimant’s reputation in UK earns him money (from adverts) does not suffice to show goodwill in absence of UK customers

RELATED CASES

• Waterman (Pete) LTD v CBS United Kingdom LTD