Earlier this week, Peloton officially announced that they were headed to Australia, confirming the news we had been reporting for a few months. What wasn’t officially announced was that Peloton is taking their legal battle with Mad Dogg Athletics to Australia with them.
The Australian Financial Review first reported that on the same day Peloton made the press release about Australia, they also made a legal filing in Australia. Their filing, made in the Federal Court of Australia, requests that Australia invalidate the trademarks owned by Mad Dogg Athletics for the phrases “spinning”. The case has been assigned the number NSD188/2021.
Peloton made a similar filing in the US on February 17th – asking the USPTO to invalidate both the terms “spin” and “spinning” as the phrases have become generic, and were being “abusively enforced”.
In Australia, the case appears to only be for the phrase “spinning”. A trademark search in Australia reveals that Mad Dogg Athletics does not seem to own the trademark over the phrase “spin” there – only in the US.
Mad Dogg Athletics still has a court case against Peloton that is ongoing in the US – they filed a patent infringement suit against Peloton in the US. Based on that, some wonder if Peloton’s legal maneuvers around the these trademarked phrases might amount to trying to get Mad Dogg Athletics to come to a settlement in the other suit.
You can view filing entry within Australia court system here.
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