Match makes a move on Bumble in Tinder IP dispute
US internet dating company Match has asked a court to remove a state lawsuit filed by competitor Bumble against Match’s brand Tinder, as the allegations in it should instead have been addressed by counterclaims in the parties’ federal IP dispute.
Match filed the notice of removal at the US District Court for the Northern District of Texas, Dallas Division, yesterday, September 26.
The dispute between the dating apps started in March, when Match filed a complaint for patent, trademark and trade dress infringement, and trade secrets violation at the US District Court for the Western District of Texas, Waco Division.
Match operates several online dating sites including flagship brand Tinder, a location-based dating app released in 2012.
Its lawsuit accused Bumble, a location-based dating app released in 2014, of infringing IP relating to Tinder’s look and functionality.
Match claimed that Bumble’s user interface, chat screen, and other features are “nearly identical” to those of Tinder and that Bumble’s advertising makes use of references to “swipes”, demonstrating efforts to “co-opt Match’s trademarks and trade dress”.
Bumble responded to the accusations by claiming that the lawsuit was filed in an attempt to intimidate it, after Match’s failed attempt to buy the dating app last year.
Referring to Tinder’s swipe mechanism, which allows users to swipe right to connect with a user or swipe left to not, Bumble said: “We swipe left on your attempted scare tactics.”
Bumble subsequently filed complaints against Match in a Texas state court, alleging that the internet company tortiously interfered in attempts to sell Bumble.
According to Match’s filing yesterday, “the ‘tort’ that Match is alleged to have engaged in is the filing of its federal suit enforcing its patent and trademark rights”.
“Federal courts have exclusive jurisdiction over patent disputes,” Match commented in the filing.
The internet company said that these claims should have been filed in federal court as counterclaims to the initial suit against Bumble, but Bumble instead sued Match in a Texas state court.
Match asked the court to remove Bumble’s state court action to enable all issues raised by both parties to be heard and adjudicated in one forum.
The internet company said it has also filed a motion to transfer the case from the Dallas court to the Waco court, where Match’s initial patent and trademark suit is pending.
Speaking to WIPR, a spokesperson for Match said that Bumble's claims are "without merit" and were filed as a "publicity stunt".
Tinder’s parent company is no stranger to litigation.
In March, Match accused Chinese rival Tantan of infringing design patents and trademarks owned by Match, allegedly copying Tinder’s revolutionary swiping system.
Two months later, in May, Match was the target of a patent infringement suit related to the app’s discovery settings. Technology and gaming company Netsoc filed the complaint against Match at the US District Court for the Eastern District of Texas, Marshall Division.
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