On behalf of the celebrated fitness company Peloton, Fross Zelnick has successfully defended against a trademark infringement suit in the Northern District of California. The firm won a decision for Peloton at summary judgment, dispatching with the lawsuit altogether. The dispute concerned Peloton’s use of PELOTON BIKE+ as the name of the deluxe version of its connected stationary bike, which launched in 2020.
The plaintiff, the fitness app developer World Champ Tech LLC, offers a mobile app named BIKE+ that tracks users’ bike ride metrics, and it owns a U.S. trademark registration for BIKE+. World Champ alleged that, once the Peloton product hit the market with its extensive advertising and promotion, consumers who then encountered World Champ’s bike app would likely believe the app was put out or authorized by Peloton because both use “Bike+” thereby resulting in “reverse confusion.” At the close of a two-year discovery process, the parties filed summary judgment motions.
In its decision, the court held that an overall balancing of the relevant factors would compel any factfinder to determine that no consumer confusion was likely. Among other things, the court held that the plaintiff’s BIKE+ mark lacked the requisite commercial and inherent strength it would need to cause confusion, the marketing channels were distinct, and the plaintiff’s consumers exercise extensive care in their purchasing decisions. Finding no liability, the court dismissed the plaintiff’s motion as moot and immediately entered judgment for Peloton.
Fross Zelnick’s litigation team consisted of David Donahue, Leo Kittay, Nicole Tenore (née Lieberman), and Shelby Rokito