Honest Concurrent User as a Defence to Trade Mark Infringement and Passing off Claims - The Muzmatch Appeal
Jane Lambert Court of Appeal (The Lord Chief Justice of England and Wales and Lords Justices Arnold and Nugee) Match Group, LLC and others s v Muzmatch Ltd and another [2023] EWCA Civ 454 (27 April 2023) This was an appeal against the decision of Mr Nicholas Caddick QC that the defendants had infringed the claimants' trade marks and were liable for passing off (see Match Group LLC and others v Muzmatch Ltd and another [2022] EWHC 941 (IPEC)). The claimants were members of the Match Group which operates a worldwide online dating service. The first defendant ran an online dating service for Muslims that was formerly known as MUZMATCH but is now called MUZZ. The second defendant was the founder of the first defendant and its CEO. I discussed Mr Caddick's judgment in Trade Marks and Passing off: Match Group, LLC v Muzmatch Ltd on 1 Oct 2022. The claimants' marks are set out in a table in my previous article. They objected ...