Can Tinder Sue the Maker of ‘Tinder Swindler’?

Tenacious lawsuits are filed every day, and the question naturally arises: Could Tinder, the popular dating app, saddle its name with a lawsuit over a documentary film? The answer lies in a keen examination of the possible legal grounds that could justify such an action, including defamation, trademark infringement, and tortious interference.

Lawsuit: Why Would Tinder Sue?

The allure of a legal victory is potent, but for Tinder to pursue a lawsuit, it must first identify actionable grounds. The following analysis delves into these potential avenues:

Defamation

One question on the table is whether the documentary alleging false statements about Tinder could lead to a defamation claim. For a suit to be viable, the allegations must not merely express opinions but must include factual claims that could harm the app's reputation or lead to a loss of revenue.

The documentary in question is a true-crime series about a swindler, not Tinder itself. Given the fitness of the content, no false statements detrimental to Tinder's reputation are likely present. The subject is an individual engaged in fraudulent activities, and the narrative centers on their deeds. Therefore, there is a strong legal stance against any defamation claim.

Trademark Infringement

Another potential claim is trademark infringement, but this is highly unlikely for the following reasons. Trademarks are registered with specific business classes, and a reasonably informed public wouldn't confuse a documentary about a swindler with the authentic Tinder app. A film title like 'Tinder Swindler' is clearly a reference to the documentary's subject, not an infringement of Tinder’s trademark.

Under trademark law, fair use of a trademark, known as nominative use, can be permissible. In this instance, when the film calls out 'Tinder,' it is doing so in a way that distinguishes it from other apps or services. The filmmakers are referring to the app as part of the story, rather than pass it off as another product or service.

Tortious Interference

Tortious interference involves a company intentionally interfering with a contract or business relationship, causing financial loss. In the context of the documentary, a finite argument could be made that the film pushed some users to be more cautious on Tinder, potentially causing financial loss. However, proving intent to harm and showing a direct connection between the film and any financial loss faced by Tinder remains exceedingly challenging. Fact-based reporting, such as a true-crime documentary, is not typically actionable under tortious interference laws.

Why Tinder Probably Won't Sue

While theoretically, any individual or entity can sue for any reason, the practical realities of such a lawsuit suggest that a victory would be highly improbable. Additionally, there are several reasons Tinder may not even initiate such an action:

Media Attention

‘There is no such thing as bad publicity’ is a principle often cited in the business world, particularly concerning media exposure. Even negative attention can boost popularity and engagement. The documentary might actually spike interest in Tinder, driving more users to the app.

More users mean more opportunities for advertising revenue and increased visibility, both of which can be beneficial in the long run. Thus, any perceived harm from the documentary is often outweighed by the heightened exposure.

It's also likely that Tinder participated in the production of the documentary, perhaps providing consultation or access, as part of a calculated marketing strategy. This partnership further diminishes the possibility of a lawsuit.

Conclusion

While a lawsuit sounds like an enticing idea, in reality, the chances of a successful defamation, trademark infringement, or tortious interference claim against the makers of ‘Tinder Swindler’ are slim. The benefits of increased visibility might well make any legal costs worthwhile in the end. Media exposure, even from a negative source, can be a boon for a tech company looking to bolster its user base and public image.