Browne Jacobson

Firm overview:

Full-service firm Browne Jacobson’s IP team works with a recognisable list of household names, including luxury brand Dior and British sports car manufacturer Aston Martin, and has a supply of new clients expanding its trademark practice. 

A recent highlight for Browne Jacobson—strong on the contentious side and frequently against highly ranked litigators—was its successful representation of dating group Match, creator of Tinder and Hinge, against Muzmatch, represented by Bristows. The high-profile Court of Appeal matter is now the leading authority on ‘honest concurrent use’.

Browne Jacobson’s IP team advises on trademark portfolios and brand strategy, including for Iconic London. Browne Jacobson advises the social-meda-famous company on branding and commercial issues, including new product launches, product placement and trademark oppositions. 

The team has a niche in the dynamic social media and influencer space, advising brands on collaborations and representing influencers.

Team overview:

The key members of Browne Jacobson’s IP team are based in London, Birmingham, Manchester and Nottingham, with recent additions to its new Dublin office. In England, the 15-person team includes six partners. As the co-founder of Pangea Net, Browne Jacobson benefits from the network of independent firms operating in 25 countries and in the past year, has advised clients from 60 different jurisdictions.

Key matters:

• In Match Group v Muzmatch [2022] EWHC 1023 (IPEC), Giles Parsons, Bonita Trimmer and Hayley Smith represented Match Group, owner of Tinder and Hinge, in the widely reported matter against defendant Muzmatch. The matter commenced in 2020, when the client raised concerns of infringement by Muzmatch, which describes itself as a “Muslim dating and marriage app”. The Browne Jacobson team worked with the client’s trademark attorneys on the matter, which was heard in the Intellectual Property Enterprise Court (IPEC) initially. The case concluded, in favour of Match, that consumers were likely to assume that the defendant’s brands were associated with well-known dating apps owned by Match.
  
  Muzmatch appealed in March 2023 with the Court of Appeal judgment in full favour of Browne Jacobson’s client, dismissing all of Muzmatch’s grounds of appeal. The significance of the matter lies in its clarification of ‘honest concurrent use’. The rule was relied upon to allow registration of identical or similar trademarks when there had been honest concurrent use of the trademark. The court further clarified that the doctrine can be considered but is not a standalone defence to infringement. The case concluded with damages awarded to Match of nearly the full amount available in the IPEC.

Clients:

Aston Martin, Dior, Iconic London, Match Group, QMS