Exercise equipment company Peloton is battling for the use of the term “spinning” after years of threats by Mad Dogg Athletics, who have had the terms “spin” and “spinning” trademarked for their stationary bikes and cycling classes since the 1990s. Peloton filed two petitions with the Trademark Trial and Appeal Board (TTAB), arguing that the terms have become common for indoor cycling and Mad Dogg is profiting off the enforcement of generic trademarks. Law360 interviewed Finnegan partner Mark Sommers for his thoughts on the dispute.
Mark said, “This will be an interesting case to watch as the parties spin the facts and ride their respective strengths. The board will be called upon to weigh presumptions of ownership accorded by registrations, public and trade uses of the marks and nomenclature at issue, and the policing efforts of trademark owners.”
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