JDate’s lawsuit against JSwipe has created a massive buzz in the world of internet news. The consensus among commentators is that Sparks Networks, the owner of JDate, is claiming an exclusive right to use the letter “J” in reference to services targeting the Jewish community. Consensus is not always completely correct, however.
Among Sparks’ 8 allegations against JSwipe is “False Designation of Origin,” which is when somebody uses a company name that is likely to cause a mistaken assumption of affiliation with another, often larger company. Utilizing an argumentative tactic that any high school teacher would scoff at, Sparks cited UrbanDictionary.com in its complaint against JSwipe. Specifically, Sparks points to the Urban Dictionary definition of “swipe right,” which generally means to “show approval” in the dating context. “It is widely accepted that the term ‘swipe’ connotes dating in 2014,” Sparks argues. Put differently, “swipe” means “date,” and “JSwipe” means “JDate.” Thus, trademark infringement.
So, the battle is over the letter “J,” but also over the word that comes after it. Sparks is not trying to claim that it owns the letter “J” as a signifier of the Jewish community, but rather that it has the exclusive right to any company name that connects the letter “J” to a synonym of “date” and offers some kind of online dating service for the Jewish community.
By Brian Unger
Abe Cohn
Abe is managing partner of Cohn Legal, PLLC, Head of the firm’s Intellectual Property and Transactional Group, and works in the New York office in Midtown Manhattan. Abe is committed to his client's success.