We recently reported on the ongoing patent dispute between high ‘spinning’ rivals Mad Dogg Athletics and Peloton. Mad Dogg is the creator of Spinning and the premise of indoor cycling as an organised sport and form or exercise.
Mad Dogg has dominated the spinning market for a number of years, that was until its latest rival Peloton spun into town. Mad Dogg has recently brought a claim against Peloton in the US District Court for the Eastern District of Texas claiming Peloton has infringed its U.S patent for stationary bikes.
Separate to the ongoing patent dispute, Peloton has now filed a number of trade mark petitions at the United States Patent and Trademark Office (“USPTO”) to try and cancel Mad Doggs’ registered trade marks “SPIN” & “SPINNING”. The two trade marks have been registered for over two decades, however Peloton now claim both terms have become common use and are simply generic words to describe a type of exercise bike and associated in-studio class.
This would not be the first time a trade mark has lost its legal protection as a result of it becoming generic, for example “escalator” has succumbed to the same fate. Will Peloton pedal its way to success or will something get stuck in the wheel of justice.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or email@example.com.Posted by: Tom Staveley in: Trade Marks