Tinder does not swipe right for Wild’s modified trade mark
The notorious dating app Tinder has become one of the main ways in which people in the 21st century date. As controversial as this fact may be, it seems to have become accepted in modern society. Consequently, when a competitor dating app Wild launched its app, Tinder was going to ensure that its trade mark rights were protected.
Recently, Tinder has sent Wild a notice asking it to cease using any trade marks that belonged to it. Tinder is concerned over Wild’s use of the flame logo over the letter ‘i’. As some of Tinder’s registered trade marks include a flame logo, it did not want its consumers to think that it was associated with Wild. Furthermore, as both Tinder and Wild’s apps occupy platforms such as Google and Apple store, one can understand Tinder’s concern over maintaining its position. However, after Wild modified the use of the flame image in its logo, Tinder sent Wild a second notice advising it to remove the flame image from its brand.
Wild as a newcomer in this market, could be deemed as being bullied by a more successful competitor, who has the capital to wage a costly legal suit against it. As the flame image is a generic symbol, one can understand how Wild may be surprised by this aggressive stance from Tinder. However, one must not forget that, as the average consumer pays a low level of attention to these marks, something as generic as a flame, could be perceived as very distinctive in identifying that brand. Subsequently, all brands that want to enter a new marketplace, should do their due diligence and assess their legal positions before creating brand imagery.
By Fatima Amedu