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Match is a common English word, in dating world describing a matchmaking activity that has existed for millenia. How can a company legitimately claim a name th

Match is a common English word, in dating world describing a matchmaking activity that has existed for millenia. How can a company legitimately claim a name that has had a clear prior art on it? Can I claim the word 'The' for eternity and sue anyone who dares to even use it in the name of their enterprise?

kolbe 5y ago
You need to establish that the use case of ‘the’ has a legitimate brand reconcognition that entitles it to protections. But yeah, if you make a million user social network company called The, you would get to have ‘The’ protected from competitors using it as their own brand. It’s dumb, but it’s the way it works, and YC is not ignorant of it.
- tw04 5y ago
  “The match game” existed long before match.com. They did not originate “match” being associated with dating, the concept and terminology predated them by decades.
  - kolbe 5y ago
    But they did officially brand it—-it’s not just the idea of matching. One way in which this does have some real use is in protecting users. Maybe Match has some set of privacy values that people have come to trust, and by letting other companies who don’t share the same values co-opt the brand recognition, it can cause issues for users who thought they were protected by Match’s privacy policies.
    - snidane 5y ago
      Can't blame them that they seize the opportunity that the system grants them. It's however bizzare that the system would grant them a monopoly on something they didn't invent. They merely took it from the community of English speakers and branded it as their own. Similar to claiming a patent on an invention that you didn't invent. Just took already existing public domain technology that nobody else would dare to claim rights on and slapped a monopoly stamp on it.
  - walrus01 5y ago
    I am sure that a sufficiently motivated researcher could find paid service date match making companies with something "match" in the name going back to the 1970s, when it was all done manually and by telephone, or the 80s and by fax.
  - ChrisMarshallNY 5y ago
    > decades Many decades. Matchmaking is about as old as human history, especially in Middle-Eastern/Indian cultures.
    - TheCoelacanth 5y ago
      The word "match" wouldn't have been used for most of human history. That seems to only go back to around the 14th century[1]. [1] https://www.etymonline.com/word/match https://www.etymonline.com/word/match
      - ChrisMarshallNY 5y ago
        Fair point.
  - mattmaroon 5y ago
    That just doesn’t matter, legally. There were presumably people named Wendy for a long time but I can’t start a burger joint named Wendy’s, even if my name was Wendy. If Match.com established the brand other people can’t. I didn’t make the law but people are downvoting me like I did, I just pointed out (and IANAL so maybe I’m wrong) that this seems like clear brand harm.
- websap 5y ago
  Maybe it should have been thefacebook
Zenst 5y ago
Indeed in the UK "Match of the day" predates the internet - https://en.wikipedia.org/wiki/Match_of_the_Day https://en.wikipedia.org/wiki/Match_of_the_Day Maybe the BBC should of been sharper on their trademarks or like many - thought it was so common, who would allow it.
mattmaroon 5y ago
That’s just not how IP law works. I mean I get why you might think it should but it isn’t. This company knows that, that’s why they settled.

kolbe 5y ago

You need to establish that the use case of ‘the’ has a legitimate brand reconcognition that entitles it to protections. But yeah, if you make a million user social network company called The, you would get to have ‘The’ protected from competitors using it as their own brand. It’s dumb, but it’s the way it works, and YC is not ignorant of it.

tw04 5y ago
“The match game” existed long before match.com. They did not originate “match” being associated with dating, the concept and terminology predated them by decades.
- kolbe 5y ago
  But they did officially brand it—-it’s not just the idea of matching. One way in which this does have some real use is in protecting users. Maybe Match has some set of privacy values that people have come to trust, and by letting other companies who don’t share the same values co-opt the brand recognition, it can cause issues for users who thought they were protected by Match’s privacy policies.
  - snidane 5y ago
    Can't blame them that they seize the opportunity that the system grants them. It's however bizzare that the system would grant them a monopoly on something they didn't invent. They merely took it from the community of English speakers and branded it as their own. Similar to claiming a patent on an invention that you didn't invent. Just took already existing public domain technology that nobody else would dare to claim rights on and slapped a monopoly stamp on it.
- walrus01 5y ago
  I am sure that a sufficiently motivated researcher could find paid service date match making companies with something "match" in the name going back to the 1970s, when it was all done manually and by telephone, or the 80s and by fax.
- ChrisMarshallNY 5y ago
  > decades Many decades. Matchmaking is about as old as human history, especially in Middle-Eastern/Indian cultures.
  - TheCoelacanth 5y ago
    The word "match" wouldn't have been used for most of human history. That seems to only go back to around the 14th century[1]. [1] https://www.etymonline.com/word/match https://www.etymonline.com/word/match
    - ChrisMarshallNY 5y ago
      Fair point.
- mattmaroon 5y ago
  That just doesn’t matter, legally. There were presumably people named Wendy for a long time but I can’t start a burger joint named Wendy’s, even if my name was Wendy. If Match.com established the brand other people can’t. I didn’t make the law but people are downvoting me like I did, I just pointed out (and IANAL so maybe I’m wrong) that this seems like clear brand harm.
websap 5y ago
Maybe it should have been thefacebook

Zenst 5y ago

Indeed in the UK "Match of the day" predates the internet - https://en.wikipedia.org/wiki/Match_of_the_Day https://en.wikipedia.org/wiki/Match_of_the_Day Maybe the BBC should of been sharper on their trademarks or like many - thought it was so common, who would allow it.

mattmaroon 5y ago

That’s just not how IP law works. I mean I get why you might think it should but it isn’t. This company knows that, that’s why they settled.