Reflex Media, Inc. v. SuccessfulMatch.com

Background

This trademark dispute concerns online matchmaking companies. Reflex Media, Inc. asked the court to dismiss counterclaims brought by SuccessfulMatch.com and Successful Match Canada, which the opinion refers to collectively as Successful Match.

The counterclaims seek cancellation of Reflex Media’s trademark registrations. Successful Match alleges that the marks are generic or descriptive and lack a secondary meaning—a distinctiveness that can arise when consumers associate a descriptive mark with a particular source.

The Motion

Reflex Media moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). The court explained that this type of motion may be filed after the pleadings close, but early enough that it will not delay trial. Reflex Media had previously moved to dismiss the same counterclaims under Rule 12(b)(6), and the court largely denied that motion on December 6, 2022, primarily because it did not challenge the allegations that the marks were generic.

The court said Reflex Media waited until the eleventh hour—after all discovery had been completed—to seek dismissal under Rule 12(c). The court also said Reflex Media advanced legal arguments that had been available since April 2021 and did not establish good cause or another good reason for the delay.

Ruling

The court denied dismissal. It noted that, as a practical matter, dismissing the counterclaims at that late stage would likely have little effect because Successful Match could amend its claims to refer to evidence of genericness gathered during discovery. The court also cited the principle that judgment on the pleadings is appropriate only when it is beyond doubt that the claimant could prove no set of facts supporting relief.

This was a procedural ruling on a motion to dismiss rather than a final decision on whether the trademark registrations should be cancelled. Judge Donato entered the order on January 16, 2024.