Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 1 of 24
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`LAURIE E. HALL, Calif. Bar No. 184860
`SYNTHESIS LAW
`21C Orinda Way, #226
`Orinda, California 94563
`Tel: (415) 254-6695
`Fax: (925) 266-3117
`Email: laurie@synthesislaw.com
`
`Attorney for Plaintiff
`World Champ Tech LLC
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`WORLD CHAMP TECH LLC,
`Plaintiff,
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`vs.
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`PELOTON INTERACTIVE, INC.,
`Defendant.
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`Case No.: ____________________
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`COMPLAINT
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`DEMAND FOR JURY TRIAL
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`Plaintiff, World Champ Tech LLC (hereinafter “World Champ Tech”), for its complaint
`against Defendant, Peloton Interactive, Inc. (hereinafter “Peloton”), alleges as follows:
`NATURE OF ACTION
`This is an action to redress violations of the federal Lanham Act for infringement
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`of a federally registered trademark (15 U.S.C. § 1114), federal unfair competition (15 U.S.C.
`§ 1125(a)), California unfair competition (Cal. Bus. & Prof. Code § 17200), the making and
`dissemination of untrue and misleading statements (Cal. Bus. & Prof. Code § 17500), and
`common law trademark infringement and unfair competition, as the result of Peloton’s willful
`and unauthorized use of World Champ Tech’s trademark, as more fully set forth hereinafter.
`World Champ Tech seeks injunctive relief restraining Peloton's infringement of World Champ
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 2 of 24
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`Tech’s trademark, monetary damages, attorneys' fees, costs of action, restitution, exemplary
`damages, and related relief.
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`THE PARTIES
`World Champ Tech is a California limited liability company with its business
`2.
`address at 305 Windingwood Court, Mountain View, California 94040.
`On information and belief, Peloton is a Delaware corporation with its business
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`address at 125 West 25th Street, 11th Floor, New York, New York 10001.
`JURISDICTION AND VENUE
`This Court has subject matter jurisdiction over World Champ Tech’s claims
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`under and pursuant to 15 U.S.C. § 1121(a) and 28 U.S.C. §§ 1331 and 1338(a) because the
`claims arise under the federal Lanham Act, 15 U.S.C. § 1051 et seq. This Court also has pendent
`jurisdiction over all related claims herein in accordance with 28 U.S.C. § 1338(b).
`On information and belief, Peloton, either directly or through its agents, has
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`transacted business in the State of California and within this judicial district, as more specifically
`set forth below, and expected or should reasonably have expected its acts to have consequence
`in the State of California and within this judicial district.
`Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) because Peloton
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`is doing business in this judicial district and therefore may be found in this district, a substantial
`part of the events giving rise to the claims alleged herein occurred in this judicial district, and/or
`the infringement occurred in this judicial district.
`INTRADISTRICT ASSIGNMENT
`As a civil action concerning intellectual property rights, this case will be assigned
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`to a division on a district-wide basis pursuant to Civil Local Rule 3-2(c).
`FACTS COMMON TO ALL CLAIMS FOR RELIEF
`WORLD CHAMP TECH’S TRADEMARK
`World Champ Tech is a California-based fitness technology company. It was
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`founded in 2012 by professional cyclist James Mattis – winner of the 2011 World Amateur Road
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 3 of 24
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`Race Championship and 2008 US Amateur Road Race Championship – and professional cyclist
`and Olympic windsurfer Ted Huang.
`Since 2014, World Champ Tech has used BIKE+ continuously in commerce as
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`a trademark for its mobile fitness applications. Such use has been exclusive in the United States
`since the date of World Champ Tech’s first use of the BIKE+ mark in interstate commerce in
`2014.
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`10. World Champ Tech’s BIKE+ fitness apps allow users to detect, record, store,
`analyze, and share data from their indoor or outdoor cycling sessions, including but not limited
`to heart rate, caloric energy use, speed, distance, grade, elapsed time, and audiovisual recordings.
`11. World Champ Tech’s target consumers for its BIKE+ fitness apps are tech-savvy
`individuals who place an emphasis on their health and prioritize their fitness, including but not
`limited to cyclists and runners.
`12. World Champ Tech’s BIKE+ apps are available to consumers on the Apple App
`Store platform. A search for BIKE+ on the Apple App Store platform provides results for
`World Champ Tech’s BIKE+ fitness apps.
`13. World Champ Tech’s BIKE+ fitness apps integrate with various devices,
`including but not limited to the Apple iPhone® and Apple Watch® devices.
`14. World Champ Tech’s BIKE+ apps have been well received by the market,
`with many 5-star reviews on the Apple App Store platform.
`15. World Champ Tech owns U.S. Trademark Registration No. 4782695 on the
`Principal Register for the BIKE+ mark for the following goods in International Class 9:
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`Downloadable mobile applications for recording and managing cycling
`activities, namely, the rider's average and maximum speed, rider's
`average and maximum power, heart rate, geographic route taken, outside
`air temperature, altercations with aggressive drivers, rider-entered route
`conditions, taking photos and uploading the same to an external
`computer server for personal review and viewing by others.
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 4 of 24
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`The registration issued on July 28, 2015, with constructive rights dating back to November 23,
`2013. Attached hereto as Exhibit A is a true and accurate copy of the certificate of registration
`from the United States Patent and Trademark Office for U.S. Trademark Registration No.
`4782695.
`There is no limitation in World Champ Tech’s U.S. Registration No. 4782695
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`as to the nature, type, channels of trade, or class of purchasers of or for World Champ Tech’s
`goods identified therein. World Champ Tech’s U.S. Registration No. 4782695 encompasses
`all goods or services of the type described therein (for example, whether cycling outdoors or
`indoors). It is presumed that the goods move in all normal channels of trade and are available
`to all classes of purchasers.
`17. World Champ Tech displays the BIKE+ mark with the ® registration symbol.
`18. World Champ Tech’s U.S. Registration No. 4782695 for the BIKE+ mark is
`constructive notice nationwide of World Champ Tech’s ownership of the BIKE+ mark for the
`goods claimed therein.
`19. World Champ Tech claims “incontestable” rights in the distinctive BIKE+ mark
`for the apps specified in its U.S. Registration No. 4782695. On December 1, 2020, World
`Champ Tech filed a “Combined Declaration of Use and Incontestability under Sections 8 & 15”
`with the United States Patent and Trademark Office in connection with the registration. As an
`incontestable registration, it is conclusive evidence of the validity of the BIKE+ mark, World
`Champ Tech’s ownership of the BIKE+ mark, and World Champ Tech’s exclusive right to use
`the BIKE+ mark nationwide on or in connection with the specified apps.
`20. World Champ Tech has devoted significant marketing, advertising, and
`financial resources and creative energies towards selecting, adopting, using, promoting,
`registering, and protecting the BIKE+ mark. These efforts have established a connection in
`the minds of consumers between the BIKE+ mark and World Champ Tech’s fitness apps
`such that the public has come to recognize the BIKE+ mark as an indication of the source of
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`CIVIL ACTION NO.
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`World Champ Tech’s goods. World Champ Tech derives substantial goodwill and value from
`its use of the BIKE+ mark.
`21. World Champ Tech has promoted its BIKE+ fitness apps on Facebook by
`having a dedicated page for the apps at https://www.facebook.com/bikeplusapp and placing
`advertising using Facebook App Install Ads. World Champ Tech has used the BIKE+ mark in
`promotional materials for its fitness apps on its company website (www.worldchamptech.com)
`and social media pages on Instagram (https://www.instagram.com/worldchamptech/),
`Facebook (https://www.facebook.com/worldchamptech), and Twitter
`(https://twitter.com/WorldChampTech). World Champ Tech has published press releases to
`announce significant news about its BIKE+ apps. World Champ Tech has also promoted its
`BIKE+ apps in connection with its sponsorships of U.S. athletes, including but not limited to
`a professional cycling team in 2015 and an Olympic cyclist in 2016.
`PELOTON’S UNLAWFUL ACTIONS
`Peloton is a New York-based exercise equipment and fitness technology
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`corporation that is registered with the California Secretary of State to transact business in
`California. Since it started selling interactive stationary bicycles several years ago, Peloton has
`expanded its business to include additional exercise equipment, exercise and fitness classes,
`downloadable software applications, and other goods and services related to its connected-fitness
`products.
`Notwithstanding World Champ Tech’s well-established rights in the BIKE+
`23.
`mark, Peloton launched a line of interactive stationary bicycles in September 2020 under the
`identical trademark, BIKE+, and started selling them to consumers throughout California and
`the United States.
`24. World Champ Tech first learned of Peloton’s use of BIKE+ on or about
`September 9, 2020, when James Mattis read a Wired magazine article about the “new Peloton
`indoor cycling bike, called Bike+” (Lauren Goode, Peloton Is Betting You’ll Never Go Back to
`the Gym, WIRED, September 8, 2020).
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 6 of 24
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`Peloton sells its products under the BIKE+ trademark through its company
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`website at https://www.onepeloton.com/ and its retail showrooms in Walnut Creek, CA, Santa
`Clara, CA, and many other locations throughout California and the United States.
`Peloton’s BIKE+ branded products allow users to capture, display, and share
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`performance metrics and other data from their cycling sessions.
`Peloton prominently uses BIKE+ as a product name and trademark on its website
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`at www.onepeloton.com and on social media, including but not limited to Instagram at
`https://www.instagram.com/onepeloton.com/, Twitter at https://twitter.com/onepeloton, and
`Facebook at https://www.facebook.com/onepeloton.com.
`Peloton’s BIKE+ products feature integration with Apple Inc.’s GymKit™
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`software, which enables the syncing of heart rate and other workout tracking data between
`Apple Watch® devices and stationary exercise bicycles and other compatible cardio machines.
`In promotional materials, Peloton urges consumers to “[p]air your Apple Watch®
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`with the Bike+ to share more accurate performance metrics between the two devices including
`heart rate, output, and more.”
`Peloton’s BIKE+ products include an integrated touchscreen display that is used
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`for, among other things, accessing Peloton’s fitness apps.
`Peloton has various downloadable mobile applications, including but not limited
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`to an Apple iPhone® app and an Apple Watch® app, that consumers can use to record data
`from their cycling sessions, including but not limited to heart rate, caloric energy use, and
`elapsed time.
`Consumers who subscribe to Peloton’s digital content can also use Peloton’s
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`fitness apps to view Peloton’s workout classes which, on information and belief, can be viewed
`while simultaneously using World Champ Tech’s BIKE+ fitness apps to detect, record, store,
`analyze, and share workout data, including but not limited to heart rate, caloric energy use,
`elapsed time, and workout location.
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`CIVIL ACTION NO.
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 7 of 24
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`Peloton prominently uses BIKE+ as a product name and trademark in its fitness
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`apps. For example, when opened on an Apple iPhone® device, Peloton’s app displays BIKE+
`for each tracked workout.
`Peloton’s fitness apps are available on a variety of app platforms, including
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`Apple App Store, Google Play, Amazon Appstore, and Roku Channel.
`On information and belief, Peloton has used BIKE+ as a keyword in the App
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`Record for the Peloton iPhone and/or Apple Watch apps on the Apple App Store Connect
`website in a way that has caused Peloton’s fitness apps to be displayed near World Champ
`Tech’s BIKE+ fitness apps in results for a search for the term BIKE+ in the Apple App Store.
`On information and belief, Peloton has placed advertising using the Apple App
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`Store Search Ads program in a way that has caused an advertisement for Peloton’s fitness apps
`to be displayed near World Champ Tech’s BIKE+ fitness apps in results for a search for the
`term BIKE+ on the Apple App Store platform (the only platform that can be used with an Apple
`iPhone® device).
`On information and belief, at Peloton’s request, Apple created a developer story
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`featuring Peloton’s fitness apps, which has appeared near World Champ Tech’s BIKE+ fitness
`apps in results for a search for the term BIKE+ on the Apple App Store.
`On information and belief, Peloton’s target consumers for its BIKE+ products
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`are tech-savvy individuals who place an emphasis on their health and prioritize their fitness,
`including but not limited to cyclists and runners.
`It is possible for consumers to be aware of Peloton’s use of BIKE+ in commerce
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`even without purchasing or using Peloton’s BIKE+ products themselves. For example, cyclists
`are likely to be aware of Peloton and its products, including but not limited to Peloton’s BIKE+
`products.
`On information and belief, Peloton has not sought or obtained a trademark
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`registration from the United States Patent and Trademark Office in connection with its BIKE+
`brand of products and/or services. Peloton owns federal trademark registrations for goods and
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`CIVIL ACTION NO.
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 8 of 24
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`services that are the same as, or similar, related, or complementary to, World Champ Tech’s
`BIKE+ fitness apps. Peloton owns U.S. Trademark Registration Nos. 4565106 and 4580888,
`each of which includes, among other things, “stationary bicycles equipped with interactive
`computer systems” in International Class 28 and certain downloadable software in International
`Class 9 “for monitoring and analyzing various parameters associated with the operation of a
`bicycle or exercise cycle and for fitness training” and “for use by individuals participating in
`exercise classes, physical training, and exercise instruction for detecting, storing and reporting
`daily human energy expenditure and physical activity level, for developing and monitoring
`personal activity and exercise plans, training goals and giving feedback on the achieved results.”
`Attached hereto as Exhibit B are true and accurate copies of the certificates of registration from
`the United States Patent and Trademark Office for Peloton’s U.S. Trademark Registration Nos.
`4565106 and 4580888.
`Peloton also uses BIKE+ as part of its PELOTON BIKE+ trademark in
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`commerce to identify and distinguish its connected-fitness goods and/or services from those of
`others and to indicate the source of its goods, including, but not limited to, use in product user
`manuals, website and social media content, and product displays.
`On page 42 of the Form 10-K filed with the U.S. Securities and Exchange
`42.
`Commission (“SEC”) in September 2020, Peloton disclosed that it had “announced an exciting
`new addition to our category-leading bike offering: Bike+. Offered at $2,495, Bike+ builds on
`our groundbreaking connected fitness bike experience . . . .” In the Overview section of the
`Form 10-Q filed with the SEC in February 2021, Peloton stated that its “Connected Fitness
`Product portfolio currently include[s] the Peloton Bike, Bike+, and the Peloton Tread and
`Tread+.” Peloton’s use of World Champ Tech’s registered BIKE+ mark in Peloton’s SEC filings
`is without World Champ Tech’s consent or authorization.
`43. World Champ Tech has not consented to or authorized Peloton’s use of BIKE+
`or PELOTON BIKE+.
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`CIVIL ACTION NO.
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` As a result of Peloton’s unauthorized use of BIKE+ in commerce as a trademark
`44.
`for Peloton’s goods and/or services, consumers encountering Peloton’s BIKE+ products may
`mistakenly believe that they are somehow connected with World Champ Tech and/or World
`Champ Tech’s BIKE+ apps.
`As a result of Peloton’s unauthorized use of BIKE+ in commerce as a trademark
`45.
`for Peloton’s goods and/or services, consumers encountering World Champ Tech’s BIKE+
`fitness apps may mistakenly believe that they are somehow connected with Peloton and/or
`Peloton’s BIKE+ product.
`On information and belief, Peloton's use of BIKE+ in commerce as a trademark
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`increases the profitability of Peloton's goods and/or services over what it would be without such
`use.
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`Peloton has had constructive notice of World Champ Tech’s BIKE+ mark since
`47.
`the issuance of World Champ Tech’s U.S. Trademark Registration No. 4782695 in July 2015.
`Peloton should have been aware of World Champ Tech’s BIKE+ mark before
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`Peloton started using BIKE+ in commerce.
`On information and belief, Peloton was actually aware of World Champ Tech’s
`49.
`BIKE+ mark before Peloton started using BIKE+ in commerce.
`On information and belief, Peloton failed to conduct a reasonably adequate
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`trademark search for BIKE+ before it started using BIKE+ in commerce.
`On information and belief, before Peloton started using BIKE+ in commerce,
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`it understood that it could access federal trademark registration records online via the United
`States Patent and Trademark Office’s publicly available Trademark Electronic Search System.
`Before Peloton started using BIKE+ in commerce, anyone in the United States
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`with basic computer skills, a computer, an internet connection, and browser software could have
`found World Champ Tech’s U.S. Registration No. 4782695 for the BIKE+ mark by entering
`BIKE+ into the United States Patent and Trademark Office’s online and publicly available
`Trademark Electronic Search System.
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`COMPLAINT; DEMAND FOR JURY TRIAL
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 10 of 24
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`On information and belief, by adopting World Champ Tech’s BIKE+ mark as a
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`trademark for Peloton’s own goods and/or services, Peloton avoided spending time, manpower,
`and money to select and adopt a comparable trademark without infringement.
`On information and belief, Peloton started using BIKE+ in commerce without
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`authorization from World Champ Tech or any reasonable belief that such use would be lawful.
`On information and belief, Peloton started using PELOTON BIKE+ in commerce
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`without authorization from World Champ Tech or any reasonable belief that such use would be
`lawful.
`On information and belief, Peloton adopted and has used BIKE+ in commerce
`56.
`as a trademark for its goods and/or services with knowledge that such use would be likely to
`cause confusion, mistake, or to deceive consumers as to the source, sponsorship, and/or approval
`of such goods and/or services.
`On information and belief, Peloton adopted and has used BIKE+ in commerce
`57.
`as a trademark for its goods and/or services with an intent to infringe World Champ Tech’s
`BIKE+ mark.
`On information and belief, Peloton adopted and has used BIKE+ in commerce
`58.
`as a trademark for its goods and/or services with an intent to compete unfairly with World
`Champ Tech and gain an undue advantage in the marketplace to which it is not entitled.
`On information and belief, Peloton adopted and has used BIKE+ in commerce
`59.
`as a trademark for its goods and/or services with knowledge that such use would violate
`World Champ Tech’s rights under federal law and/or California law.
`On information and belief, Peloton adopted and has used BIKE+ in commerce
`60.
`as a trademark for its goods and/or services with an intent to trade upon and take advantage of
`the goodwill and recognition of World Champ Tech’s BIKE+ mark and to obtain a salability
`for Peloton’s goods and/or services that they would not have otherwise had.
`On information and belief, Peloton adopted and has used BIKE+ in commerce
`61.
`as a trademark for its goods and/or services with an intent to injure World Champ Tech and
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`World Champ Tech’s rights in its BIKE+ mark, including but not limited to the ability of the
`BIKE+ mark to identify World Champ Tech as the source of World Champ Tech’s goods.
`On information and belief, Peloton was motivated to infringe World Champ
`62.
`Tech’s BIKE+ mark and unfairly compete with World Champ Tech because Peloton perceived
`itself to be economically stronger than World Champ Tech.
`As a result of Peloton’s infringement and unfair competition, World Champ
`63.
`Tech has suffered and, unless Peloton is enjoined from further unlawful actions, will continue
`to suffer irreparable harm and damage that is unquantifiable and/or cannot be adequately
`compensated by monetary damages, including but not limited to damage to World Champ Tech’s
`reputation and/or goodwill in World Champ Tech’s BIKE+ mark, impairment of the ability of
`World Champ Tech’s BIKE+ mark to serve as a unique and distinctive source indicator for
`World Champ Tech and/or its goods, and the diminution of the value of World Champ Tech’s
`BIKE+ mark.
`As a result of Peloton’s infringement and unfair competition, World Champ Tech
`64.
`has sustained and, unless Peloton is enjoined from further unlawful actions, will continue to
`sustain, monetary damages, including but not limited to lost sales and profits, damage to
`World Champ Tech’s reputation and/or goodwill in World Champ Tech’s BIKE+ mark, and
`the cost of corrective advertising or other efforts to correct or prevent any consumer confusion
`that may be caused by Peloton’s unlawful actions and practices.
`Peloton has acted with ill will and spite toward World Champ Tech and World
`65.
`Champ Tech’s rights in the BIKE+ mark by intentionally adopting and using the BIKE+ mark
`in commerce as a trademark for Peloton’s goods and/or services, with complete indifference to,
`and reckless disregard for, World Champ Tech’s rights in its BIKE+ federally registered
`trademark, to Peloton’s substantial benefit, and at World Champ Tech’s expense.
`It would be inequitable and unjust to allow Peloton to continue to use and reap
`66.
`the benefits of World Champ Tech’s registered BIKE+ mark.
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`On December 2, 2020, World Champ Tech sent a demand letter to Peloton that
`67.
`advised Peloton of World Champ Tech’s rights in the BIKE+ trademark and explained that
`Peloton’s use of World Champ Tech’s BIKE+ for Peloton’s products constitutes trademark
`infringement.
`Despite World Champ Tech’s demand letter to Peloton, Peloton has refused to
`68.
`discontinue its unauthorized use of World Champ Tech’s BIKE+ trademark and continued to use
`BIKE+ as a trademark to market and sell products throughout California and the United States
`without World Champ Tech’s consent or authorization.
`Unless enjoined by this Court, Peloton will continue to flout federal and state law
`69.
`and use BIKE+ and PELOTON BIKE+ to confuse, deceive and mislead the public, and the
`Court would be implicitly sanctioning the unlawful conduct and failing to deter the same kind
`of conduct by others.
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`FIRST CLAIM FOR RELIEF
`(Federal Trademark Infringement Under 15 U.S.C. § 1114)
`70. World Champ Tech repeats and incorporates by reference each of the allegations
`set forth in paragraphs 1 through 69 above as though fully set forth herein.
`71. World Champ Tech owns incontestable U.S. Trademark Registration No.
`4782695 for the BIKE+ mark.
`Peloton’s BIKE+ mark is identical and confusingly similar to World Champ
`72.
`Tech’s registered BIKE+ mark in sight, sound, and meaning.
`Peloton is using the BIKE+ mark in commerce in connection with the sale,
`73.
`offering for sale, distribution, and/or advertising of goods and/or services that are the same as,
`or similar, related, complementary to, and/or confusingly similar to the goods identified in
`World Champ Tech’s Registration No. 4782695.
`Peloton’s unauthorized use of the BIKE+ mark is likely to cause confusion, to
`74.
`cause mistake, or to deceive, and constitutes infringement of World Champ Tech’s rights in and
`to the BIKE+ trademark in violation of 15 U.S.C. § 1114.
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`Peloton’s unlawful actions and practices have caused damage and irreparable
`75.
`harm to World Champ Tech’s reputation and/or goodwill in World Champ Tech’s BIKE+ mark
`and, unless Peloton is enjoined from further unlawful actions, Peloton will continue to cause
`irreparable harm to World Champ Tech and to the public that is unquantifiable and/or cannot be
`adequately compensated by monetary damages and for which there is no other adequate legal
`remedy.
`As a result of Peloton’s unlawful actions and practices, World Champ Tech has
`76.
`sustained, and will continue to sustain, monetary damages, including but not limited to lost sales
`and profits, and the cost of corrective advertising or other efforts to correct or prevent any
`consumer confusion that may be caused by Peloton’s unlawful actions and practices.
`On information and belief, as a result of Peloton’s unlawful actions and practices,
`77.
`Peloton has received and will receive substantial profits to which it is not entitled.
`On information and belief, Peloton has acted with full knowledge of World
`78.
`Champ Tech’s rights and, on information and belief, Peloton has acted with malice to usurp
`such rights. Peloton’s acts are therefore intentional and willful, and were calculated to confuse,
`deceive, and mislead the public. Due to Peloton’s exceptional misconduct, Peloton should be
`held liable to World Champ Tech for treble damages and attorneys' fees pursuant to 15 U.S.C.
`§ 1117.
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`SECOND CLAIM FOR RELIEF
`(Federal Unfair Competition Under 15 U.S.C. § 1125(a))
`79. World Champ Tech repeats and incorporates by reference each of the allegations
`set forth in paragraphs 1 through 69, and 71 through 78 above, as though fully set forth herein.
`80. World Champ Tech and Peloton compete with each other in interstate commerce
`in connection with the sale, offering for sale, distribution, and/or advertising of goods and/or
`services using the BIKE+ mark.
`Peloton uses the BIKE+ mark in commerce as a trademark for or in connection
`81.
`with the sale, offering for sale, distribution, and/or advertising of goods and/or services that are
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`the same as, or similar, related, complementary to, and/or confusingly similar to World Champ
`Tech’s BIKE+ goods, without World Champ Tech’s consent or authorization.
`By offering goods and/or services in connection with the BIKE+ mark, Peloton
`82.
`has used BIKE+ in commerce in connection with its goods and/or services as a false designation
`of origin or false or misleading description or representation of fact, which is likely to cause
`confusion, to cause mistake, and/or to deceive or mislead the public into believing that there is
`an affiliation, connection, and/or association between Peloton and World Champ Tech.
`By offering goods and/or services in connection with the BIKE+ mark, Peloton
`83.
`has used BIKE+ in commerce in connection with its goods and/or services as a false designation
`of origin or false or misleading description or representation of fact, which is likely to cause
`confusion and/or to deceive or mislead the public into believing that Peloton’s goods and/or
`services originate with, or are sponsored and/or approved by, World Champ Tech.
`Peloton's actions, as set forth above, constitute unfair competition, false
`84.
`designation of origin, and false or misleading description in violation of 15 U.S.C. § 1125(a).
`Peloton’s unlawful actions and practices have caused damage to World Champ
`85.
`Tech’s reputation and/or goodwill in World Champ Tech’s BIKE+ mark and, unless Peloton
`is enjoined from further unlawful actions, Peloton will continue to cause irreparable harm to
`World Champ Tech and to the public that is unquantifiable and/or cannot be adequately
`compensated by monetary damages and for which there is no other adequate legal remedy.
`As a result of Peloton’s unlawful actions and practices, World Champ Tech has
`86.
`sustained, and will continue to sustain, monetary damages, including but not limited to lost sales
`and profits, and the cost of corrective advertising and other efforts to correct or prevent any
`consumer confusion that may be caused by Peloton’s unlawful actions and practices.
`On information and belief, as a result of Peloton’s unlawful actions and practices,
`87.
`Peloton has received and will receive substantial profits to which it is not entitled.
`On information and belief, Peloton has acted with full knowledge of World
`88.
`Champ Tech’s rights and, on information and belief, Peloton has acted with the intention to
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`CIVIL ACTION NO.
`COMPLAINT; DEMAND FOR JURY TRIAL
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`Case 3:21-cv-03202-SK Document 1 Filed 04/30/21 Page 15 of 24
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`usurp such rights. Peloton’s acts are therefore intentional and willful, and were calculated to
`confuse, deceive, and mislead the public. Due to Peloton’s ex