SEATTLE, Wash. (BRAIN) — Rad Power Bikes, one of the fastest growing e-bike brands in the direct-to-consumer channel, is suing an Arizona electric vehicle company that sells e-bikes under the Bam Power Bikes brand.
Rad Power charges that Bam Power infringes on copyrighted material and designs on its website. It also charges that Bam Power is making false advertising claims. JHR Electric Transport, the owner of Bam Power Bikes, has not responded to the complaint.
The alleged copyright infringements include Rad's bike measurements graphic on its website, its homepage tagline, "Built for Everything, Priced for Everyone" (which is repeated exactly on the Bam homepage), and other website elements, including its customer review page and its consumer direct pricing page.
Rad Power charges that Bam misleads customers through false association and advertising, and by claiming to have patented technology that, Rad claims, can't be found.
"Rad Power Bikes has suffered and will continue to suffer harm as defendant's actions continue to deceive and confuse the relevant consuming public as to the origin, sponsorship, affiliation, and/or connection of and between the relevant products, and by virtue of defendant's factual statements that constitute false advertising. Defendant's desire to emulate Rad Power Bikes interferes with plaintiff's right to control its own brand and reputation," the complaint reads
"In order to correct and end the misimpressions being foisted upon an unsuspecting public through Bam's deliberate replication of Rad Power Bikes' website design and business persona, Rad Power Bikes seeks immediate and permanent injunctive relief, and damages in an amount to be proven at trial."
Rad Power is asking for damages and costs. The case is filed in the U.S. District Court for the Western District of Washington, in Seattle.
