Legally, Jdate may have a viable trademark and patent situation against Jswipe, as a result of the quirky american property system that is intellectual.
The discreetly matches two people based on their interests under the current IP regime, it is possible for Jdate to hold intellectual property over any software. This patent pretty much covers every site that is dating the online world, and perhaps numerous online networks, which also make use of a key algorithm to confidentially suggest “matches”.
Whenever intellectual home attorney Christina Gagnier first saw this patent, she described it for me as “way too broad. But, it absolutely was granted back 1999, therefore I think that’s one of many nagging difficulties with broad computer software patents. ”
Super-broad software portfolios in many cases are held just as a tool of preemption or intimidation, simply because they can instigate a settlement — even when a winnings in court is not likely.
Therefore, Jdate’s lawyers probably don’t have actually the matzah balls to really register lawsuit against a well-funded site that is dating such as for example Tinder or Okcupid, having a military of attorneys at their disposal. But, pursuing smaller startups, like Jswipe, is much simpler, particularly if a company that is tiny to concede the situation for purely economic reasons.
The american legal system has no bright line standard for proving whether the average consumer would confuse Jswipe as a side project of Jdate as for the trademark “J. Jdate would can simply provide whatever proof they are able to find, including anecdotal testimonials, that suggest some customers could have thought both apps had been element of Spark Networks.