Trademark experts are discussing the merits of a challenge to the enforcement of a "spinning" trademark. According to Law360, "Peloton wants to liberate the term "spinning" from trademark control after years of "baseless" threats by a rival company, setting the stage for a closely watched case about both genericide and the pitfalls of aggressive enforcement." Partner Dyan Finguerra-DuCharme, a co-chair of Pryor Cashman's Trademark Group, commented on the issue and was quoted by Law360:
"Unfortunately for Mad Dogg, this is a situation where a mark was unique 20 years ago but has now fallen into the common vernacular," said Dyan Finguerra-DuCharme, who co-chairs the trademark practice at Pryor Cashman LLP.
"Peloton should easily win on summary judgment based on the thousands of references to 'spin' and 'spinning' in news stories, blogs and social media posts," Finguerra-DuCharme said.
"Mad Dogg may have had great success with its aggressive enforcement campaign against small players," said Finguerra-DuCharme, the Pryor Cashman attorney, "but it finally sent a letter to a spin master who had the means to challenge its position."
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