Fitbug Files Complaint Against Fitbit, Alleging Trademark Infringement

AddThis Social Bookmark Button

The company alleges that Fitbit’s use of its trademark is infringing on Fitbug’s rights and causing consumer confusion, and has asked the U.S. District Court in Northern California to order Fitbit to permanently cease use of its Fitbit mark and from engaging in conduct that is causing confusion with Fitbug’s brand and services.

Chicago (April 19) -- Fitbug, the online health and wellness coach launched in 2005, has filed a complaint against Fitbit Inc., alleging trademark infringement, as well as unfair competition and unfair business practices that it claims have caused irreparable harm and damage to the company. It has asked the court to order Fitbit to permanently cease the use of its Fitbit mark and from engaging in conduct that is causing confusion with Fitbug’s brand and services.

Fitbug helps individuals improve their lifestyles by making gradual and realistic changes to their daily routine. The company combines activity tracking devices, which upload to to log users’ daily activity achievements, with web and mobile technology that offer personalized weekly activity and nutrition targets, feedback, advice and encouragement. Fitbug was one of the first to combine portable electronic tracking devices, nutrition advice, digital coaching and the Internet to enable users to become physically fit and lose weight. Its newest product, the Fitbug Orb that was unveiled at the Consumer Electronics Show (CES) in Las Vegas incorporates eight years of feedback from the company’s users.     

The company began using its trademark “Fitbug” in the U.S. starting in 2005, and owns two U.S. registrations for its mark. These registrations cover Fitbug’s pedometers, the online services that Fitbug provides to consumers, and software used in connection with the assessment and monitoring of users’ fitness and training programs. At all relevant times, the company’s devices and website were prominently marked with the Fitbug mark.

The lawsuit alleges that about four years after Fitbug began its operations in the U.S., and three years after Fitbug obtained its first U.S. registration, Fitbit began distributing fitness-related portable electronic devices and online services that were identical, or near identical, to Fitbug’s.

The Fitbug mark, and the goodwill associated with it, is of inestimable value to the company. Fitbug said in its complaint that it is concerned that Fitbit’s activities have created and fostered the false impression that the goods and services it sells in connection with the Fitbit mark originate from, are affiliated with, or are approved by Fitbug, and that the resulting confusion caused by the nearly identical names, marks and services is damaging Fitbug’s business.

As an example, Fitbug said that in the past 12 months, the company received a high volume of customer service calls and emails from consumers seeking assistance with their Fitbit devices. Media publications and social media sites have also confused the respective products in their reports. Even potential business partners have expressed confusion. In several instances, prospective partners thought they were discussing a business opportunity with Fitbit, when they were actually engaged in discussions with Fitbug, the complaint said.

According to the complaint, Fitbit has also consistently used a logo, icons, photographs and imagery that were markedly similar to Fitbug’s original logo, icons, photographs and imagery. They were placed on user manuals and packaging, as well as on Fitbit’s website, where many of the diagrams that are used to depict an individual’s activity and food intake are nearly identical to the diagrams used by Fitbug on its website.

The Fitbug and Fitbit marks differ by just two letters, and until recently were both displayed with blue dots over the letter “i” and in similar fonts. Exhibits from the lawsuit demonstrating these examples can be viewed here:

The action taken by Fitbug arises under the provisions of the Trademark Act of 1946 for trademark infringement and unfair competition, and under California state law for unfair competition and business practices. The lawsuit was filed in United States District Court in Northern California on March 29. Fitbug is based in London, and operates in the U.S. from its office in Chicago. Fitbit has yet to respond to the allegations.

Fitbug is represented by attorney Mark J. Rosenberg of Tarter Krinsky & Drogin LLP in New York and Covington & Burling LLP in California.


линолеум донецк
интернет аптеки
candy bar

Haute Tease

  • Beltway Insider: Ebola Update; ISIS/ISIL Military Action Continues; Mid-Term Elections; Nigerian Girls

    AddThis Social Bookmark Button

    President Obama and the CDC continued to implement  challenging reforms incorporating risk assessment guidelines to include health care and military personnel engaged in the assisting the Ebola fight to determine the level of risk, upon return, to the general population.

  • Family Friendly: The Top 10 Cities With The Most Holiday Spirit

    AddThis Social Bookmark Button

    Widely accepted as the time for giving, the holiday season brings out the best in people. For many Americans, the month of December elicits more giving in general — not only to friends and family, but to charities as well.  

  • Top NYC Matrimonial Lawyer Offers Five Predictions For Divorce In 2019

    AddThis Social Bookmark Button

    Attorney Jacqueline Newman, a Manhattan based divorce lawyer and managing partner of an exclusive NYC law firm focused solely on divorce, considered an expert in matrimonial law offers five predictions for divorce in the new year.

  • The Highwaymen Review – A Solid Story with Strong Character Driven Performances

    AddThis Social Bookmark Button

    The Highwaymen, a Netflix original, presents the true story of two Texas Rangers and the race against time to capture of Bonnie and Clyde, the most notorious killers in the history of law enforcement, before they kill again.

  • Facebook Killer Dead of Self-Inflicted Gunshot

    AddThis Social Bookmark Button

    Steve Stephens, the Cleveland man who went live on the social media platform while he committed a random murder of an elderly man, has died in Erie, Pennsylvania of a self-inflicted gun shot after a police pursuit.

  • Justice Watch: Cold Case Murder of San Diego Family Solved

    AddThis Social Bookmark Button

    Charles McStay, his wife and two small children disappeared four years ago, vanished is the better word, snatched from their suburban home. Today authorities arrested Charles Merritt, a business colleague, for the four murders.

  • Denzel Washington To Receive 47th AFI Life Achievement Award

    AddThis Social Bookmark Button

    The American Film Institute (AFI) Board of Trustees announced that Denzel Washington will receive the 47th AFI Life Achievement Award, America's highest honor for a career in film. The tribute will premiere on TNT with an encore on Turner Classic Movies.

  • I, Tonya Review – Triumphant; A Solid Gold, Four Star, Dramady

    AddThis Social Bookmark Button

    I, Tonya, from Clubhouse Pictures, Neon and 30West, presents the story of Tonya Harding and the outrageous, unbelievable, amazing wild ride she took from poverty to the best figure skater in the world and her tragic, shocking, horrible crash.

  • Massive Winter Storm Jonas Expected to Dump Historic Snow Along East Coast Corridor

    AddThis Social Bookmark Button

    A perfectly formed Nor'Easter is expected to pummel the East Coast with blizzard conditions, record breaking snowfalls, and whipping winds, subzero temperatures, whiteouts, and icy roads are expected as the weather gradually worsens throughout Friday into the weekend.

  • Stocks Close the Week Slightly Strong; World Markets Fluctuate

    AddThis Social Bookmark Button

    The DOW closed the week of June 27, 2014, slightly stronger with minimal gains over the week and only peaked out of a disastrous week long slide with Tuesday's two hour bullish run. World Markets from Japan to London reflected the same pendulum swing.

  • Donald Trump Wins The Presidency In A Shocking Upset

    AddThis Social Bookmark Button

    Donald Trump, the New York Businessman, who saw his campaign implode over the past few weeks, surprised the world with an impressive upset winning 276 electoral votes in a stunning victory over Democratic Challenger Hillary Clinton.

  • School Daze Gear Guide: Trends For Tweens and Teens

    AddThis Social Bookmark Button

    Once back to school shopping meant stocking up on paper and pencils. Today, this annual expedition involves a hard target search, finding the latest electronics, perfect fashions, productivity tools, and that kids can get from point A to point B safely.

  • M-Sport Bentley Charges Through The Order At Spa

    AddThis Social Bookmark Button

    (Spa, 27th July 2014) As the Total 24 Hours of Spa reaches the half-way point, 12 hours in to the race, the two Continental G3 racecars of M-Sport Bentley sit P15 and P26 after continuing to recover well from an unfortunate start. More importantly, Car #7 sits P9 in class, meaning that the car scores a vital championship point at this intermediate stage.

  • An A-List Line-Up of the Most Acclaimed African American Talent Join For One Night Celebrating the Spoken Word with Music and Dance

    AddThis Social Bookmark Button

    WordTheatre’s Storytales: Featuring celebrities performing stories from acclaimed African-American author John Edgar Wideman’s literary anthology ‘Briefs’ at the Ford Amphitheatre Saturday October 6, 2012.


    AddThis Social Bookmark Button

    Medical Examiners have positively identified the dismembered torso as that of missing journalist Kim Wall, last seen August 10, 2017 standing in the tower with Danish Inventor Peter Madsen aboard his self-constructed submarine, Nautilus.