Peloton ‘Bike+' Trademark Escape Was Wrong, Firm Tells Justices

Exercise-bike seller Peloton Interactive Inc. shouldn’t have escaped trial in a trademark-infringement suit over its “Bike+" branding, an appmaker told the US Supreme Court.

Lower courts improperly balanced competing evidence at the summary judgment stage, World Champ Tech LLC said in a cert petition docketed Monday. The Ninth Circuit also ignored binding precedent by holding the presence of the “Peloton” house mark in the bikemaker’s app negated the similarity of the mark to World Champ’s Bike+ app, an error that if reversed would put the two most critical likelihood-of-confusion factors in World Champ’s favor, it said.

The petition argues that ...