California Intellectual Property Blog


Faraday Bicycles Sues Faraday&Future Electric Car Company for Trademark Infringement

Los Angeles – Faraday Bicycles, Inc. is suing a Los Angeles, California based electric car startup company, Faraday&Future Inc., over alleged trademark infringement. The lawsuit was filed in the Northern district of California last week. This is the latest development in nearly a year and a half of conflict over the trademark.

Faraday Bicycles, which was purchased by Pon Holdings in January 2017, registered its Faraday trademark in 2013 and has been using the trademark since 2012. Faraday&Future applied for its Faraday Future trademark for “Concept cars and motor vehicle prototypes” in 2015. The United States Patent and Trademark Office denied the application in March of 2016, stating that the trademark was too similar to Faraday Bicycles’ Faraday registration such that it was likely to create confusion among consumers. However, in response to the Office Action Faraday&Future argued that consumers would not be confused and the Examiner subsequently approved the application.

Also in March of 2017, the Faraday Bicycles sent Faraday&Future a cease and desist letter. In the letter, the bicycle company states that consumers have been confused, and will likely continue to be confused about the company’s products, origin or sponsorships. Faraday Bicycles is claiming that this confusion has caused irreparable damage to the company’s image and reputation. As such, Faraday Bicycles is suing Faraday&Future for unspecified damages, legal fees, and an immediate injunction.

Faraday&Future entered the market in 2014 and is looking to be direct market competitors to Tesla. On their website, Faraday&Future announced that they will be creating a self-driving car with plans to roll out a prototype in 2018. Faraday&Future already has more than 1,400 employees and are in the midst of building a one-billion-dollar factory in Nevada. However, construction of the factory was recently put on hold because the company apparently is past due on payments toward $58 million in debt.

This is not the first-time Faraday&Future has faced legal troubles. Faraday Future has also been sued by its landlord, Beim Maple Properties, for allegedly missing $100,000 in rent for one of its warehouses. Additionally, The Mill, a special-effects firm, sued Faraday&Future for nearly $2,000,000 in unpaid bills. It appears that the future may not be so bright for Faraday&Future.


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