The popular dating app Tinder LLC recently filed a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint with the World Intellectual Property Organization (WIPO) against the domain name KinkySwipe.com, accusing the Cypriot-based adult fetish dating platform of abusing its SWIPE trademark. Tinder claims that the SWIPE trademark, used for its swipe-based dating service since 2013, has been registered in multiple countries and has become synonymous with the brand. Tinder alleges that KinkySwipe.com copied the trademark and added sexual innuendo, offering services such as casual dating and wife-swapping, thus damaging its brand reputation which emphasizes serious relationships.
The panel acknowledged that KinkySwipe.com and the SWIPE trademark were confusingly similar but dismissed the complaint. Regarding ownership and legitimate rights, the panel pointed out that the defendant has been operating the adult platform since 2019, possessing real users, payment functionality, and complete terms and conditions. Its use of “swipe” describes touchscreen interaction. Tinder’s concurrent trademark application for “SWIPE” failed to provide conclusive evidence that the trademark already possessed a significant reputation at the time, nor could it prove that the defendant’s choice of “kinkyswipe” was directed at their trademark, rather than simply using the common verb “swipe.”
The panel emphasized that the defendant’s previous losses in related trademark oppositions did not necessarily indicate malicious intent as required by the UDRP; deliberate targeting requires more substantial evidence. Ultimately, the complaint was dismissed, and the KinkySwipe.com domain remained with the defendant.
News Source:DomainGang，This article does not represent our position.
