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.
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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
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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
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