The tort was that such actions resulted in dilution of eBay's mark and damage to eBay's reputation (eBay v. Bidder's Edge, Inc.). There is a strong likelihood that the same could be found with regards to the dating site. In the Bidder's Edge decision, the courts have determined that deterioration of the service can constitute a tort, even if the deterioration is minimal. While Bidder's Edge did not materially affect the performance of eBay's servers, it could conceivable have grown in size in order to do so. In addition, multiple Bidder's Edge-type sites should cumulatively have such a negative impact.

The eBay has the right to control access to its servers was central to this case. For the dating site, it is the control of access that will determine the way the courts view the proposed dating site. Thus, the way to get around the legal obstacles surrounding access to dating site servers is to make deals with dating sites in order to gain access to the servers. In other words, the relationship...

Such a partnership could be formed either via an affiliate program or through a contract that is negotiated with individual dating sites that do not have affiliate programs. It may be possible for the site to access dating sites prior to communication or injunction, but as the Bidder's Edge case illustrates, once a dating site has issued a cease and desist, your new company is going to have to comply.
Works Cited:

Sinrod, E. (2005). Spyware can constitute illegal trespass on home computers. USA Today. Retrieved April 3, 2010 from http://www.usatoday.com/tech/columnist/ericjsinrod/2005-10-11-spyware_x.htm

eBay v. Bidder's Edge, Inc. 100 F. Supp. 2d 1058 (N.D. Cal. 2000).

California Intellectual Property and Computer Law. (no date). Retrieved April 3, 2010 from http://www.weblocator.com/attorney/ca/law/b29.html