Fitbug is a company that makes exercise accessories that work with iPhone apps. Fitbit is also a company that makes exercise accessories that work with iPhone apps. Their names are similar, and so are their products. It’s kind of like they’re the same company, except they’re totally not, and that’s the problem.
The confusion between the names of the two companies has really started to get under Fitbug’s skin, so it’s decided to sue Fitbit for trademark infringement to decided who gets to be the fittest company in the U.S.
Fitbug has the Fitbug Orb and Fitbug Air while Fitbit has the Fitbit One and Fitbit Flex. According to a report from AppAdvice, Fitbug’s PR firm asserts that Fitbit has caused irreparable harm and damage to the company. All Fitbug wants is for Fitbit to stop calling itself “Fitbit” and stop engaging in conduct that is causing confusion with Fitbug’s brand and services because they were in the U.S. first.
A lawsuit was filed by Fitbug on March 29th to settle the madness, as Fitbug claims Fitbit’s activities have “created and fostered the false impression that the goods and services it sells in connection with the Fitbit mark originate from, are affiliated with, or are approved by Fitbug, and that the resulting confusion caused by the nearly identical names, marks and services is damaging Fitbug’s business.”
So who’s going to win? Well, we’re not legal experts so it’s hard to say, but Fitbug did begin using its trademark “Fitbug” in the U.S. on pedometers and online services starting back in 2005. Fibit didn’t start operations in the U.S. until 2008 when it released the Fitbit Classic, so it seem like Fitbug may have the advantage, even though Fitbit is more popular.
Fitbit has yet to repsond to the allegations, but we should hear more soon as the lawsuit develops.