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Super Bowl Rap Video Spurs Trademark Suit Against Expensify Rival (1)

Feb. 4, 2019, 7:22 PM

The maker of the “Expensify This” Super Bowl ad has sued a rival for allegedly infringing its trademark in the lead-up to the big game.

Expensify Inc., developer of an automated expense management app, accused Webexpenses Inc. of posting online ads shortly before the Super Bowl Feb. 3 that included the “Expensify” mark. Expensify alleged that Webexpenses sought to profit off its Super Bowl commercial, a rap video starring 2 Chainz and Adam Scott that enabled viewers to snap photos of receipts appearing in the video for a chance to win cash prizes.

Webexpenses “is attempting to piggyback on Expensify’s investment and creativity and siphon off consumers,” Expensify alleged in a complaint filed Feb. 3 in the U.S. District Court for the Western District of Texas. The company alleged that Webexpenses violated the federal Lanham Act.

A spokesperson for Webexpenses didn’t immediately respond to a Bloomberg Law request for comment.

Expensify said that Webexpenses created internet ads that appear when consumers search for “Expensify” on Google. Webexpenses was trying to confuse consumers by leading its ads with the trademarked term, Expensify said.

The plaintiff is seeking a court order barring Webexpenses from using “Expensify” in its ads and requiring that it remove published ads containing the mark.

Connor Kudlac Lee PLLC is representing Expensify.

The case is Expensify Inc. v. Webexpenses Inc., W.D. Tex., No. 6:19-cv-35, complaint filed 2/3/19.

To contact the reporter on this story: Alexis Kramer in Washington at akramer@bloomberglaw.com

To contact the editor responsible for this story: Keith Perine at kperine@bloomberglaw.com