On Friday, World Champ Tech LLC filed a complaint in the Northern District of California against Peloton Interactive Inc. for allegedly infringing its Bike+ Mark, claiming that the infringement has caused the plaintiff harm.
According to the complaint, World Champ Tech “is a California-based fitness technology company” founded in 2012. The plaintiff claimed that since 2014 it has continuously used the Bike+ mark in commerce for its mobile fitness applications, and since then the mark has been exclusive in the United States.
World Champ Tech asserted that its “BIKE+ fitness apps allow users to detect, record, store, analyze, and share data from their indoor or outdoor cycling sessions, including but not limited to heart rate, caloric energy use, speed, distance, grade, elapsed time, and audiovisual recordings.” The Bike+ app is reportedly available on the Apple App Store and works with various Apple devices, such as the iPhone and Apple Watch devices.
The plaintiff stated that registration for the trademark was issued in July 2015, with constructive rights from November 2013, in International Class 9 mark for “Downloadable mobile applications for recording and managing cycling activities,” and other uses. As a result, World Champ Tech claimed that its rights were “incontestable.” Additionally, World Champ Tech pointed to the significant marketing and financial resources it has expended in connection with its Bike+ app, leading to consumer recognition and association of the mark with World Champ Tech.
World Champ Tech alleged that Peloton “launched a line of interactive stationary bicycles in September 2020 under the identical trademark, BIKE+, and started selling them to consumers throughout California and the United States.” The plaintiff asserted that Peloton sells its products “under the BIKE+ trademark.”
According to the complaint, “Peloton’s BIKE+ branded products allow users to capture, display, and share performance metrics and other data from their cycling sessions.” The plaintiff proffered that Peloton “prominently uses BIKE+ as a product name and trademark” on its website and social media as well as for promotion purposes. Reportedly, Peloton’s Bike+ products can work with Apple’s GymKit software and sync data with Apple Watch devices and other compatible devices.
World Champ Tech noted that Peloton’s Bike+ products have “an integrated touchscreen display that is used for, among other things, accessing Peloton’s fitness apps.” Peloton’s fitness apps can record similar data to World Champ Tech’s product. Peloton’s fitness apps are available on a variety of platforms, such as the Apple App Store, Google Play store, Amazon Appstore, and Roku Channel, according to the plaintiff, and Peloton has used the Bike+ as a keyword on these stores and in its advertising.
World Champ Tech reported that, “Peloton has not sought or obtained a trademark registration … in connection with its BIKE+ brand of products and/or services,” although the defendant has trademarks for goods and services that are similar to those of the plaintiff.
The plaintiff stated that it “has not consented to or authorized Peloton’s use of BIKE+ or PELOTON BIKE+.” Consequently, World Champ Tech asserted that the alleged similarity is likely to cause consumer confusion, mistake, or deception regarding the source of the goods and services and for consumers to falsely believe that there is some kind of association or connection between World Champ Tech and Peloton.
The claims for relief in the complaint are federal trademark infringement, federal and state unfair competition, untrue or misleading statements, common law trademark infringement, and common law unfair competition.
World Champ Tech seeks declaratory judgment in its favor; to enjoin Peloton from further infringement and other injunctive relief; an award for damages, costs, and fees; and restitution.
The plaintiff is represented by Synthesis Law.
