Peloton fights to have the terms “spin” and “spin” treated as generic terms, arguing that they are widely used despite having a trademark since the late 90’s. Bloomberg reports. This week, he filed petitions with the U.S. Patent and Trademark Office’s trademark trial and appeal board to cancel both trademarks owned by Mad Dogg Athletics, arguing that ‘spin class and spin bike are part of the fitness lexicon’ and that it’s generic terms to describe a type of exercise bike and accompanying class in the studio. ”
Mad Dogg had earlier filed a lawsuit against Peloton, claiming that his products infringed on his exercise bike patents. Although the case does not claim trademarks, Bloomberg characterizes Peloton’s attempt to cancel Mad Dogg’s trademarks as a ‘retaliation attempt’. Mad Dogg has challenged Peloton’s use of the term spin in the past and last year asked to remove a video from his YouTube channel referring to the phrase.
There are numerous examples of product names that started out as trademarks but eventually became widely used as product categories and lost their legal protection. Bloomberg note that “escalator” and “murphy bed” are two high profile examples of so-called “genericides”. But it is understandable that brand companies like the exclusive right to use it and make a profit from it, and they go to great lengths to prevent terms like ‘Band-Aid’ or ‘Xerox’ from becoming generic.
Mad Dogg Athletics devotes a page on its website to how the terms should be used. “These brands are brands that serve to identify the unique fitness products and programs offered by Mad Dogg Athletics, Inc.,” the company said, noting that they are “important business assets” that should be treated with “care and respect.”
Mad Dogg’s website claims that consumers next to the company would be harmed if the terms became generic. “Loss of a brand,” he says, “denies consumers the opportunity to identify an original, quality product developed with years of experience for repeated satisfactory purchases.”
Peleton, not surprisingly, disagrees. Mad Dogg “has spent years bullying campaigns of lawsuits and lawsuits to force people and companies to stop using the terms they have the right to use.”
“Enough is enough. It’s time to put an end to Mad Dogg’s tactics of making a profit by threatening competitors, markets and even journalists with the maintenance of generic brands,” Peloton adds.