On Friday, Lyft filed an opposition before the Trademark Trial and Appeal Board against the applicant’s FLIPLYFT mark, citing consumer confusion with the LYFT mark as well as the possibility for consumers to think that this is an accessory affiliated with Lyft, since Lyft already sells some car accessories.
Lyft stated that it “owns the well-known LYFT trademarks, which it has used since as early as 2012 in connection with its rideshare software platform and transportation services.” These marks include the LYFT and other related marks. The opposition noted that the applicant’s FLIPLYFT mark is in Class 009 for “Devices for hands-free use of mobile phones; Stands adapted for mobile phones.”
Lyft claimed that it had priority over the application because of its earlier first use. and its widespread and continuous use of the LYFT marks and its common law rights also support its right to the marks.
The rideshare company proffered that the applicant’s FLIPLYFT mark “so resembles the LYFT Marks as to be likely, when used on or in connection with the goods of the Application, to cause confusion, to cause mistake, or to deceive.” Additionally, Lyft claimed that the purported similarity is likely to suggest a false connection between the applicant’s and Lyft’s marks, entities, goods, and services. The opposition noted that the applicant’s FLIPLYFT mark “encompasses the entirety of Lyft’s LYFT mark, including its readily identifiable spelling” that is associated with Lyft in the relevant transportation market. According to Lyft, “the addition of ‘FLIP’ does not mitigate the likelihood of confusion since consumers may believe FLIPLYFT is a brand extension from Lyft related to hands-free devices for its drivers.”
Lyft pointed out that it uses the Lyft marks for various accessories, such as the LYFT AMP device, which goes on the vehicle dashboard and sync with the passenger’s mobile phone and their requested driver. As a result of this, Lyft claimed that consumers may “logically but wrongfully believe that the Applicant’s Mark FLIPLYFT identifies a Lyft vehicle accessory,” because it advertises for “hands-free use of mobile phones,” such as when placed on a vehicle dashboard.
Lyft is represented by Wilson Sonsini Goodrich & Rosati.
