`ESTTA1018048
`11/25/2019
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`ESTTA Tracking number:
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`Filing date:
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`Proceeding No.
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`Filing Party
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`Other Party
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`Pending Motion
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91251663
`
`Plaintiff
`Bumble Holding Limited
`
`Defendant
`Match Group, LLC
`There is no motion currently pending and no other motion is being filed concur-
`rent with this consent motion.
`
`Exhibit A.pdf(5097394 bytes )
`Exhibit B.pdf(826789 bytes )
`Joint Motion to Suspend.pdf(121274 bytes )
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`Consent Motion for Suspension in View of Civil Proceeding
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`The parties are engaged in a civil action which may have a bearing on this proceeding. Accordingly, Bumble
`Holding Limited hereby requests suspension of this proceeding pending a final determination of the civil ac-
`tion. Trademark Rule 2.117.
`Bumble Holding Limited has secured the express consent of all other parties to this proceeding for the sus-
`pension requested herein.
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`Certificate of Service
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`The undersigned hereby certifies that a copy of this filing has been served upon all parties, at their address of
`record by Email on this date.
`Respectfully submitted,
`/Judd Lauter/
`Judd Lauter
`jlauter@cooley.com
`11/25/2019
`
`
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 1 of 84
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Plaintiff,
`
`MATCH GROUP, LLC
`
`
`
`
`v.
`
`BUMBLE TRADING INC., BUMBLE
`HOLDING, LTD., BADOO TRADING
`LIMITED, MAGIC LAB CO.,
`WORLDWIDE VISION LIMITED,
`BADOO LIMITED, BADOO
`SOFTWARE LIMITED, and BADOO
`TECHNOLOGIES LIMITED.
`
`
`
`
`Defendants.
`
`
`
`
`
`No. 6:18-cv-00080-ADA
`
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`I.
`
`PLAINTIFF MATCH GROUP, LLC’S FOURTH AMENDED COMPLAINT
`
`INTRODUCTION
`Match Group, Inc. is a worldwide leader in online dating, with multiple popular brands of
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`matchmaking services, including Match, Plenty of Fish, OkCupid, and more. Plaintiff Match
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`Group, LLC, a wholly-owned subsidiary of Match Group, Inc., owns Tinder and its related
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`intellectual property. Tinder is one of Match’s flagship brands. When released, it launched a
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`cultural revolution in social networking and online dating. Tinder is famously characterized by a
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`stack of cards containing photographs of potential matches nearby. If a user is interested in the
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`person shown, the user drags a card to the right. If not, the user drags the card to the left. If two
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`users are interested in each other, a match has been made, and the users are permitted to
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`communicate with one another through the app. The app has become so well-known that an
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`entire generation is often described as the “Tinder generation.”
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`1
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`Match, through Tinder, spent significant time and effort developing and implementing
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`the inventions embodied in versions of the Tinder app and claimed in a recently issued utility
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`patent. Match, through its Tinder team, has spent significant time and money advertising the
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`Tinder brand, including Tinder’s unique draggable-card-based design. And Match has also spent
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`significant time and money on confidential internal research and development, including
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`brainstorming potential feature roll-outs. As a result of all of these efforts, Match has significant
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`intellectual property rights related to the Tinder application and the Tinder brand. This is a case
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`about infringement and misappropriation of that intellectual property.
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`Bumble, founded by three ex-Tinder executives, copied Tinder’s world-changing,
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`draggable-card-based, mutual opt-in premise. As acknowledged by third-party publications upon
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`its release, Bumble is “virtually identical” to Tinder in its functionality and general look-and-
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`feel. The competitive reason is obvious. Bumble sought to mimic Tinder’s functionality, trade
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`off of Tinder’s name, brand, and general look and feel, meet user expectations that Tinder itself
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`and its brand created, and build a business entirely on a Tinder-clone, distinguished only by
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`Bumble’s women-talk-first marketing strategy. Compounding matters, Bumble has released at
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`least two features that its co-founders learned of and developed confidentially while at Tinder in
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`violation of confidentiality agreements. All of these actions infringe upon Match’s valid and
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`enforceable intellectual property rights.
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`To be clear, this case is not about any Bumble personnel’s personal history with anyone
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`previously at Tinder. This case is not about feminism or a business marketed based on feminist
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`themes; Match applauds Bumble’s efforts at empowering women, both in its app and offline, and
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`Match cares deeply both about its women users and about women’s issues generally. Rather,
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`this case is simply about forcing Bumble to stop competing with Match and Tinder using
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`
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`2
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 3 of 84
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`Match’s own inventions, patented designs, trademarks, and trade secrets. Match brings this
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`complaint to stop Bumble’s unlawful use of this intellectual property.
`
`II.
`
`THE PARTIES
`
`1.
`
`Plaintiff Match Group, LLC (“Match”) is a Delaware Corporation with a principal
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`place of business in Dallas, Texas at 8750 N. Central Expressway, Suite 1400.
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`2.
`
`Bumble Trading Inc. (“Bumble”) is a Delaware corporation with a principal place
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`of business at 1105 W 41st St., Austin, TX 78756.
`
`3.
`
`Bumble Holding, Ltd. is a corporation existing under the laws of the United
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`Kingdom with a principal place of business in London, United Kingdom.
`
`4.
`
`Badoo Trading Limited (“Badoo Trading”) is a corporation existing under the
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`laws of the United Kingdom with a registered office at the Broadgate Tower, Third Floor, 20
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`Primrose Street, London EC2A 2RS United Kingdom. The immediate parent of Badoo Trading
`
`Limited is Worldwide Vision Limited. The ultimate controlling party of Badoo Trading Limited
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`is Andrey Ogandzhanyants, also known as Andrey Andreev.
`
`5.
`
`On information and belief, Magic Lab Company (“Magic Lab”) is a holding
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`company that owns at least Badoo Trading Limited and Bumble Holding, Ltd. The ultimate
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`controlling party of Magic Lab Co. is Andrey Ogandzhanyants, also known as Andrey Andreev.
`
`6.
`
`Worldwide Vision Limited (“Worldwide Vision”) is a company incorporated and
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`registered in Bermuda with company number 40781, whose registered office is at H.P House, 21
`
`Laffan Street, Hamilton, HM09, Bermuda (WVL). The ultimate parent of Worldwide Vision
`
`Limited is Rimberg International Corp., a company incorporated in the British Virgin Islands.
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`The ultimate controlling party of Worldwide Vision Limited and Rimberg International Corp., is
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`Andrey Ogandzhanyants, also known as Andrey Andreev.
`
`7.
`
`Badoo Limited is a corporation existing under the laws of the United Kingdom
`3
`
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 4 of 84
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`with a registered office at the Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A
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`2RS United Kingdom. The immediate parent of Badoo Limited is Worldwide Vision Limited.
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`The ultimate controlling party of Badoo Limited is Andrey Ogandzhanyants, also known as
`
`Andrey Andreev.
`
`8.
`
`On information and belief, Badoo Software Limited is a corporation existing
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`under the laws of Malta with a principal place of business in Birkirkara, Malta. The immediate
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`parent of Badoo Software Limited is Worldwide Vision Limited. The ultimate controlling party
`
`of Badoo Software Limited is Andrey Ogandzhanyants, also known as Andrey Andreev.
`
`9.
`
`Badoo Technologies Limited is a Cyprus company with a registered office at 332
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`Agiou Andreou Str., Patrician Chambers 3035 Limassol, Cyprus and United Kingdom tax
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`residency. Badoo Technologies Limited is controlled by Worldwide Vision Limited. The
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`ultimate controlling party is Andrey Ogandzhanyants, also known as Andrey Andreev.
`
`III.
`
`JURISDICTION AND VENUE
`This Court has personal jurisdiction over Bumble Trading Inc. and Bumble
`10.
`
`Holding, Ltd. consistent with the requirements of the Due Process Clause of the United States
`
`Constitution and the Texas Long Arm Statute. Bumble1 conducts business, maintains an
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`established place of business, and has committed acts of patent infringement and/or has induced
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`and/or has contributed to acts of patent infringement by others in the Western District of the
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`Texas, the State of Texas, and elsewhere in the United States. In addition, Bumble’s
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`headquarters and principal place of business is located in Austin, Texas, within the District. This
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`Court has original subject matter jurisdiction over Match’s claims for patent infringement
`
`pursuant to the Federal Patent Act, 35 U.S.C. § 101 et seq. and 28 U.S.C. §§ 1331 and 1338(a).
`
`
`
`1 As used in this document, reference to “Bumble” should be understood to include both Bumble
`Trading Inc. and Bumble Holding, Ltd. unless referring to the Bumble app itself.
`4
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`This Court has original subject matter jurisdiction over Match’s federal trade secret claim
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`pursuant to 18 U.S.C. §§ 1836-39 et seq. (“Defend Trade Secrets Act”) and 28 U.S.C. §§ 1331
`
`and 1343. The Court also has supplemental jurisdiction over the state law claims pursuant to
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`28 U.S.C. § 1367. The Court has ruled that it supplemental jurisdiction exists over Match’s
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`Claim 10 raising a declaratory judgment action concerning various state law claims when it
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`declined to dismiss Bumble’s allegations concerning these claims.
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`11.
`
`Venue is proper in this District for Bumble Trading Inc. under 35 U.S.C. §
`
`1400(b) because Bumble Trading Inc. has a regular and established place of business in Austin,
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`Texas and has committed acts of infringement in the District by making, using, and selling the
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`Bumble app in the District. Venue is also proper as to Bumble Holding, Ltd. because it is a
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`foreign company and is thus not subject to the patent venue statute in 35 U.S.C. § 1400(b) and is
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`otherwise amenable to valid service of process and personal jurisdiction in this district. To the
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`extent that Bumble Holding, Ltd. is not a wholly foreign company and is subject to the
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`provisions of 35 U.S.C. § 1400(b), venue is proper because it has a regular and established place
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`of business in Austin, Texas and has committed acts of infringement in this district by making,
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`using, and selling the Bumble app in the District.
`
`12.
`
`Venue is also proper for Match’s remaining claims against Bumble under 28
`
`U.S.C. § 1391 because Bumble resides in the District, has its principal place of business in the
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`District, is subject to personal jurisdiction in this District, and a substantial part of the events or
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`omissions giving rise to the claim(s) occurred within the District.
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`13.
`
`The Waco Division of the Western District of Texas is convenient for both
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`parties. The Waco Federal Courthouse is less than 100 miles as the crow flies from both
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`Bumble’s Austin-based headquarters and Match’s Dallas-based headquarters.
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`5
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`14. Match also has a significant server deployment in the Waco area.
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`15.
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`Bumble, meanwhile, employs at least four people at Baylor University. One
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`campus director, along with three campus ambassadors, plan events on and around the Baylor
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`campus to promote the Bumble app amongst Baylor University students.
`
`16.
`
`This Court has personal jurisdiction over Worldwide Vision Limited, Badoo
`
`Trading Limited, Magic Lab Co., Badoo Limited, Badoo Software Limited, and Badoo
`
`Technologies Limited consistent with the requirements of the Due Process Clause of the United
`
`States Constitution and the Texas Long Arm Statute. Worldwide Vision Limited, Badoo Trading
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`Limited, Magic Lab Co., Badoo Limited, Badoo Software Limited, and Badoo Technologies
`
`Limited have committed acts of patent infringement and/or induced and/or have contributed to
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`acts of patent infringement by Bumble and/or others in the Western District of the Texas, the
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`State of Texas, and elsewhere in the United States, and continue to do so. This Court has
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`original subject matter jurisdiction over Match’s claims for patent infringement pursuant to the
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`Federal Patent Act, 35 U.S.C. § 101 et seq. and 28 U.S.C. §§ 1331 and 1338(a).
`
`17.
`
`This Court also has personal jurisdiction over Worldwide Vision Limited, Badoo
`
`Trading Limited, Magic Lab Co., Badoo Limited, Badoo Software Limited, and Badoo
`
`Technologies Limited consistent with the requirements of the Due Process Clause of the United
`
`States Constitution and the Texas Long Arm Statute related to Match’s declaratory judgment of
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`non-liability claims described in more detail herein. Idan Wallichman, CFO of “Badoo” not
`
`otherwise defined—and director of Badoo Trading Limited, Badoo Limited, Badoo Technologies
`
`Limited, Badoo Software Limited (on information and belief), as well as representative of
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`Worldwide Vision—traveled to Austin, Texas in connection with acquisition discussions
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`complained of in Bumble’s counterclaims. Idan Wallichman and Andrey Andreev, the ultimate
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`6
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`controlling member of the entire Worldwide Vision Group, Worldwide Vision, and Magic Labs,
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`engaged in numerous discussions with Match Group, Inc., a company headquartered in Texas, in
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`connection with a contemplated transaction that would have created a continuous and systematic
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`relationship with Match Group, Inc. in Texas. These entities seek to maintain uncertainty about
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`whether they may in the future raise claims related to their alleged reliance on alleged
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`representations from Match Group, Inc. concerning Match Group, Inc.’s intentions to create this
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`long term, continuous relationship between itself in Texas and Worldwide Vision Group,
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`Worldwide Vision, and Magic Labs.
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`18.
`
`Venue is also proper as to Worldwide Vision Limited, Badoo Trading Limited,
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`Magic Lab Co., Badoo Limited, Badoo Software Limited, and Badoo Technologies Limited
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`because they are foreign companies and are thus not subject to the patent venue statute in 35
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`U.S.C. § 1400(b) and are otherwise amenable to valid service of process (including through
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`counsel for Bumble) and personal jurisdiction in this district.
`
`IV.
`
`FACTUAL ALLEGATIONS
`A.
`The Creation of Tinder
`19.
`The Tinder app was first conceived at and created by “Hatch Labs,” a technology
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`incubator owned by Match’s ultimate parent company, IAC/InterActive Corp (“IAC”). Sean
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`Rad, Justin Mateen, Jonathan Badeen, Joe Munoz, Chris Gulczynski, Whitney Wolfe-Herd, and
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`others formed the early Tinder team that conceived, designed, developed, and conducted initial
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`marketing efforts for the Tinder app.
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`20.
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`Chris Gulczynski’s position as Tinder was “Lead Designer” or “Chief Creative.”
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`Gulczynski was integral in designing the general look and feel of the earliest iterations of the
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`Tinder app.
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`21. Whitney Wolfe-Herd’s position with Tinder was “Vice President of Marketing.”
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`7
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`She assisted in promoting the app and encouraging users to sign up in the app’s early days.
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`22.
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`Sarah Mick joined Tinder in 2013, after Tinder’s initial launch. Mick’s title was
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`“Vice President of Design” and she assisted Gulczynski on various design aspects of the Tinder
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`interface.
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`23.
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`First officially released in September 2012 for iPhone devices, Tinder
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`revolutionized online dating services. From its earliest days, the premise of Tinder has been
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`fundamentally the same. Tinder users are shown other users (“potential match(es)”) based on
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`certain parameters, including age range and geographic location. The user is shown a card with a
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`photo of a potential match nearby. The user is then given a choice to indicate interest (or lack
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`thereof) in the potential match merely by swiping the card right (if interested) or left (if not).
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`Although the earliest iterations of Tinder did not include the ability to gesture left or right, once
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`implemented, “swiping” on Tinder became a cultural sensation uniquely associated with the app.
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`24.
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`Tinder is now one of the most popular apps in the world.
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`B. Match’s Tinder-Related Intellectual Property
`25. Match has been awarded a utility patent, U.S. Patent No. 9,733,811 (the “’811
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`Patent”), entitled “Matching Process System and Method,” in connection with the functional
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`innovations embodied in versions of the Tinder app. The ’811 Patent is attached as Exhibit A.
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`26. Match has been awarded another utility patent, U.S. Patent No. 9,959,023 (the
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`“’023 patent”), entitled “Matching Process System and Method,” in connection with other
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`innovations embodied in the Tinder app. That patent issued at 12:00 AM EDT on May 1, 2018,
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`or 11:00 PM CDT on April 30, 2018. The ’023 Patent is attached as Exhibit B.
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`27. Match has been awarded another utility patent, U.S. Patent No. 10,203,854 (the
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`“ʼ854 patent”), entitled “Matching Process System and Method,” in connection with other
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`innovations embodied in the Tinder app. That patent issued at 12:00 AM EDT on February 12,
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`
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`8
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`2019, or 11:00 PM CDT on February 11, 2019. The ’854 Patent is attached as Exhibit C.
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`28. Match also has a federally registered trademark, Reg. No. 4,465,926, for SWIPE
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`in connection with computer application software for mobile devices, namely, software for social
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`introduction and dating services. Tinder first used this mark in commerce on or around March
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`28, 2013. The registration for Tinder’s SWIPE mark is attached as Exhibit D.
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`29. Match is also currently seeking federal registration for SWIPE LEFT and SWIPE
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`RIGHT in connection with mobile applications for social introduction and dating services.
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`30. Match also has common-law trademark rights. For example, Match, through
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`Tinder, has used the marks SWIPE LEFT and SWIPE RIGHT in connection with mobile
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`applications for social introduction and dating services nationwide. It first used these marks in
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`commerce on or around March 28, 2013.
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`31.
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`SWIPE, SWIPE LEFT, and SWIPE RIGHT have become synonymous with the
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`Tinder app.
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`32.
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`For example, the Telegraph listed “swipe” as a 2015 “word of the year,” writing
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`that its choice “reflect[ed] the popularity of the dating app Tinder, in which users can swipe their
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`finger across the screen to approve or dismiss would-be dates.”
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`33.
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`The English Oxford Dictionary also specifically defines the terms “swipe right”
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`and “swipe left” in connection with the Tinder brand:
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`The English Oxford Dictionary also indicates that “swipe right (or left) of dating
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`34.
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`app Tinder fame” was consistently one of the dictionary’s most “popular look-ups” in 2017.
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`9
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`35.
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`Similarly, a recent episode of the game show “Jeopardy” indicated that SWIPE
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`LEFT and SWIPE RIGHT were trademarks of the Tinder app.
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`36.
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`Indeed, Tinder’s wordmarks have been famous since before Bumble even existed.
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`For example, in a February 2014 article in TIME Magazine, TIME described the “swipe” in
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`Tinder as “iconic.”
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`37.
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`Similarly, in February 2015, a CIO.com article described Tinder’s SWIPE
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`RIGHT as a “trademark” of Tinder.
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`38.
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`In fact, the Atlanta Hawks, in connection with Tinder, hosted a highly publicized
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`“Swipe Right Night” at an Atlanta Hawks game in January 2015, reflecting the then-existing
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`fame of the mark.
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`39. Match, through Tinder, also has legally protectable trade dress. For example, the
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`ornamental design claimed in US D798,314 is a non-functional design element with source-
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`identifying significance, either because it is inherently distinctive or has acquired secondary
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`meaning.
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`40. Match, through Tinder, regularly advertises this design, showing a user’s card in
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`the process of a “swipe right” or “swipe left.”
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`10
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`Third-party Internet publications have recognized that this design is synonymous
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`41.
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`with Tinder, describing the “Tinder swipable cards interface” as “famous” and as taking “the app
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`store by storm.”
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`42.
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`43.
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`This card-stack interface has also been described as “iconic.”
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`Indeed, this card-stack interface is so well-known and iconic that, when other
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`businesses use similar interfaces in connection with non-social network, non-dating apps, third-
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`party publications describe such uses as making the app look like Tinder.
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`44.
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`As reflected by the United States Patent and Trademark Office’s decision to grant
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`the ’314 Patent, this design is non-functional.
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`45.
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`Similarly, Match has protectable trade dress in its “It’s a Match!” screen, shown
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`below:
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`11
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`As with the card-stack interface, this screen has distinctive trade dress source-
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`46.
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`identifying significance.
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`47. Match, through Tinder, also regularly uses this screen as a source-identifier in
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`various advertising materials, including in the Apple App Store, the Google Play Store, and on
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`YouTube.
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`48.
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`Finally, Match, like most companies, has trade secrets related to confidential
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`business planning and research and development efforts.
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`49. Match Group, LLC owns all rights to the intellectual property identified above.
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`C. Whitney Wolfe-Herd, Chris Gulczynski, and Sarah Mick Leave Tinder and
`Create a Tinder Copycat, Bumble.
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`As discussed above, the early Tinder team included Sean Rad, Justin Mateen,
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`50.
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`Jonathan Badeen, Joe Munoz, Chris Gulczynski, Whitney Wolfe-Herd, and others. In December
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`2013, Chris Gulcznyski and Sarah Mick left Tinder. Wolfe-Herd left Tinder shortly thereafter.
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`Exactly one year after the effective date of Chris Gulczynski and Sarah Mick’s severance
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`agreements, Gulcznyski, Mick, Wolfe-Herd, and Andrey Andreev, the founder and CEO of
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`12
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`Badoo, another online dating competitor, launched “Bumble.”
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`51.
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`Like Tinder, Bumble is a mobile dating app that relies on a card-stack interface
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`and a mutual opt-in premise before users communicate. For those seeking opposite gender
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`relationships, Bumble requires the female user to send the first message.
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`52.
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`In the words of the publication TechCrunch, Bumble is “almost identical to
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`Tinder, complete with the design of the profile pages, setting, and swipe functionality.”
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`(emphasis in original).
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`53.
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`Texas Monthly recently wrote of Bumble: “the app looked suspiciously like
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`Tinder. . . . [I]t has that famous swipe-right-to-match function, a piece of game play so brilliant it
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`had become a cultural reference point.”
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`54. Multiple other publications, such as BGR and the Los Angeles Business Journal,
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`have described Bumble as a “Tinder-lookalike.”
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`55.
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`Like Tinder, Bumble users interact with “cards” containing photos of other users,
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`as shown below.
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`Like Tinder, Bumble users gesture left and right on cards containing user photos
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`56.
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`13
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`to indicate whether or not the user is interested in the person shown.
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`Like Tinder, gesturing left indicates a user is not interested in the person shown
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`57.
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`while gesturing right indicates that the user is interested in the person.
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`58.
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`Like Tinder, two users cannot communicate over Bumble until they both indicate
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`interest in one another.
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`59.
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`Like Tinder, if two users both indicate interest, a screen is shown indicating a
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`“match.”
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`60.
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`Bumble’s “match” screen is nearly identical to Tinder’s. At the top of the screen
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`is a large exclamatory phrase set off in a font other than the app’s default font. Below that, text
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`indicating that the users have expressed a mutual interest is displayed in the app’s default font.
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`Below that, two circles, enclosed in white borders, display the photographs of the matched users.
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`Below that, both apps include similarly sized and shaped buttons first presenting the option to
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`either send a message and then, below that, giving the option to return to the preference-
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`indication screen. Both “match screens” are placed against a dark background. These
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`similarities are shown in the pictures below:
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`14
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 15 of 84
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`The “match queue” screen, where users can find new matches and ongoing
`
`61.
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`conversations with other matches, is also essentially identical. The screens include circle
`
`contacts of various users at the top indicating matches for which no messages have been sent.
`
`These contacts can be scrolled through horizontally. Below that is a “messages” or
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`“conversations” navigation menu, situated for vertical scrolling, where ongoing conversations
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`are selectable:
`
`
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`One third-party publication noted when reviewing Bumble’s user interface that
`
`62.
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`this “match queue” is “mostly lifted from Tinder.”
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`
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`15
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 16 of 84
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`63.
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`The look and feel within the chat screen is also nearly identical, as shown below:
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`
`
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`Compounding the confusion from the copycat looks of the Bumble app, Bumble
`
`64.
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`also makes extensive use of Tinder’s registered SWIPE mark as well as its SWIPE LEFT and
`
`SWIPE RIGHT word marks.
`
`65.
`
`For example, in its “About Us” section of its website, Bumble describes itself as
`
`an app that “shows you the people you want to see and lets you connect by a mutual opt in by
`
`swiping right.”
`
`66.
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`On its preview in the Apple App Store and Google Play Store, Bumble indicates
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`that it is an “industry-leading app [that] empowers users to swipe through potential connections
`
`across three different modes . . . .”
`
`67.
`
`Bumble’s “July 2017 Press Stats Visual,” located on its website, describes the
`
`number of “swipes per month” Bumble receives in its app.
`
`68.
`
`Bumble’s “the Beehive” blog also contains dozens of instances of Bumble using
`
`the “swipe” term in connection with online or mobile matchmaking services.
`
`69.
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`Additionally, Bumble includes a section of “Frequently Asked Questions”
`
`
`
`16
`
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 17 of 84
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`
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`inquiring as to (1) why a user “r[a]n out of people to swipe on”; (2) why a user can’t “start a
`
`conversation with somebody [the user has] swiped right on”; and (3) whether a user can “go
`
`back” if the user “swiped the wrong way.” Bumble describes its “Backtrack” feature as a way to
`
`deal with the situation where a user “accidentally swiped left.”
`
`70.
`
`Bumble’s “backtrack” screen also makes prominent use of the SWIPE and
`
`SWIPE LEFT marks, asking a user to “confirm below to bring someone back that you swiped
`
`left on” and to “swipe to backtrack”:
`
`
`In press interviews, Bumble’s CEO repeatedly references “swipes,” “swipe lefts”
`
`71.
`
`and “swipe rights.” For example, in a CNBC interview, located at
`
`https://www.youtube.com/watch?v=jyOMHVrVrZo, Bumble’s CEO discusses “swiping for
`
`opportunity,” “swiping to network,” “swipe left for no,” “swipe right for yes,” and that Bumble
`
`was getting “a lot of swipes.”
`
`72.
`
`Similarly, Bumble’s CEO described in a Fox Business interview on November
`
`23, 2015, located at https://www.youtube.com/watch?v=m5Ej92-mKkg, that on Bumble “you
`
`swipe on one another, and so if you both mutually opt in to have a match . . . you swipe right on
`
`her, she swipes right on you, it’s a connection.”
`
`
`
`17
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 18 of 84
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`73.
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`In another interview, from CNN Money on February 11, 2016, Bumble’s CEO
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`described Bumble’s app as “swip[ing] right or left on potential matches.”
`
`74.
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`Bumble’s official advertising also makes use of the “swipe right” term. In an
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`advertisement where two Bumble personnel provide tips for writing dating “bios,” one of the
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`“doctors” indicates that she would “swipe right” on a bio she found particularly clever.
`
`75.
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`In fact, it appears Bumble has taken additional, affirmative steps since its initial
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`release to co-opt Match’s trademarks and trade dress and trade off of Tinder’s powerful brand.
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`As discussed, in both apps, when two users express a mutual preference, a “match screen is
`
`shown.”
`
`76.
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`Bumble’s original match screen looked similar to Tinder’s match screen, but it
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`had some notable differences, including the location of the of the message and “keep playing”
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`buttons:
`
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`77. Moreover, the screen previously animated the circle photographs to pop out and
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`drop below the “keep playing” and “start a chat” buttons, a feature not included in Tinder’s
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`match screen.
`
`78.
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`Bumble has since updated to its app to mirror Tinder’s. Moreover, Bumble
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`decided to change the phrase “you both liked each other” to “you both swiped each other.”
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`18
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 19 of 84
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`79.
`D.
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`In July 2017, Bumble also released a paid feature, the “SuperSwipe.”
`Bumble’s Technical Infrastructure Was Developed and Controlled by the
`Worldwide Vision Group of Companies.
`
`Bumble was founded with the assistance of its parent company Badoo Trading
`80.
`and continues to operate under the direction and control of the Worldwide Vision Group, which
`was founded by Andrey Andreev a co-founder of Bumble. Mr. Andreev used Badoo Trading
`and Worldwide Vision Group resources to provide “the infrastructure . . . product development
`and engineering”2 for the Bumble app. And Mr. Andreev is credited with “push[ing] for a
`woman-driven dating app (on Bumble, the woman makes the first move), rather than the social
`network Wolfe Herd initially proposed.”3
`On information and belief, the Badoo app and the Bumble app share technical
`81.
`development teams, technical resources (such as servers), and portions of source code.
`The corporate structure that develops, controls, and operates and owns various
`82.
`
`portions of the Badoo app have been referred to by former employees as “Byzantine.”4 Within
`
`this corporate structure, the Worldwide Vision Limited group of companies (“Worldwide Vision
`
`Group”) includes Worldwide Vision Limited and all subsidiaries whether directly held or
`
`
`
`2 Id.
`3 https://www.forbes.com/sites/angelauyeung/2019/07/08/exclusive-investigation-sex-drugs-
`misogyny-and-sleaze-at-the-hq-of-bumbles-owner/#66a5d3c36308.
`4 Id.
`
`
`
`19
`
`
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`Case 6:18-cv-00080-ADA Document 100 Filed 08/02/19 Page 20 of 84
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`
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`indirectly held (such as by a subsidiary undertaking), including at least Bumble Trading Inc.,
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`Bumble Holding, Ltd., Badoo Trading Limited, Magic Lab Co., Badoo Limited, Badoo Software
`
`Limited, and Badoo Technologies Limited. The ultimate controlling party of the Worldwide
`
`Vision Group is Andrey Andreev.
`
`83.
`
`Through at least fiscal year 2018, Badoo Trading Limited was the majority owner
`
`and immediate parent of Bumble Holding, Ltd. Because Bumble Holding, Ltd. owned the
`
`majority of Bumble, Badoo Trading Limited was the majority owner of Bumble. On information
`
`and belief, this structure remains the same today.
`
`84.
`
`Badoo Technologies Limited’s principal activity is the provision of technology
`
`and other services to related companies, including Badoo Trading Limited. On information and
`
`belief, at least some of the services provided by Badoo Technologies Limited are related to the
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`Bumble app.
`
`85.
`
`Badoo Limited’s principal activity is to provide mobile development services to
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`Badoo Software Limited. On information and belief, at least some of the services provided by
`
`Badoo Limited and Badoo Software Limited are related to the Bumble app.
`
`In 2019, Andrey Andreev founded Magic Lab Co. as a holding company for the
`86.
`dating apps Badoo, Bumble, Chappy, and Lumen. Magic Lab Co. purports to be the company
`that “built, owns, and operates” these apps.5
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