Photo: boonchai wedmakawand/Getty Images
Boston-based wearable fitness company WHOOP is suing Finland-based wearable sports and fitness technology company Polar for allegedly copying the design of its fitness tracker, according to reporting by Gadgets & Wearables.
WHOOP filed the lawsuit in the U.S. District Court for the Eastern District of New York last week, claiming alleged patent infringement pertaining to its faceless fitness tracker.
WHOOP claims Polar's tracker, Polar Loop, is too similar in appearance and infringes on key parts of WHOOP's aesthetic design that identify WHOOP's band.
The Polar Loop is a screen-free wearable fitness band that tracks heart rate, daily activities and sleep 24/7, and the wearable is subscription-free with no monthly fees.
According to Gadgets & Wearables, WHOOP alleges Polar's design infringes on its patents, including the use of a continuous fabric band stretched over the sensor, metallic side accents and a front-facing design with no display or buttons.
WHOOP said the design elements are not functional and, therefore, are not protectable, according to U.S. trade dress protections.
U.S. trade dress protections only apply to non-functional design elements that help identify a product's maker.
The U.S.-based company is seeking damages, a jury trial and an injunction to block the sale of the Polar Loop in the United States.
Gadgets & Wearables reported that the case was brought under the Lanham Act, also known as the Trademark Act of 1946, which is the primary federal law that governs trademarks in the U.S.
WHOOP and Polar did not respond to a request for comment as of the time of this publication.
THE LARGER TREND
In July, WHOOP came under fire from the U.S. Food and Drug Administration, which sent a letter to the company claiming that its Blood Pressure Insights feature qualifies as a medical device under federal law, as it provides daily systolic and diastolic blood pressure estimates.
The agency said daily systolic and diastolic blood pressure estimates are "inherently associated with the diagnosis of hypo- and hypertension" and are therefore intended for diagnosing, curing, mitigating, treating or preventing disease.
The FDA said it had not authorized the feature for any use, and that WHOOP lacks premarket approval and 510(k) clearance for Blood Pressure Insights. It also noted that WHOOP failed to notify the FDA before distributing the product, rendering the device both "adulterated" and "misbranded."
A month later, WHOOP's CEO and founder, Will Ahmed, publicly responded to the FDA's letter during an interview with CNBC, which he posted on LinkedIn.
Ahmed said WHOOP's Blood Pressure Insights feature does not need FDA approval as it is a wellness feature and falls under the 21st Century Cures Act, as the feature is designed for wellness purposes and should not fall under FDA regulation.
He said the company stands behind its feature as it is a wellness feature, similar to the company's other wellness features, like sleep, exercise and nutrition.
Ahmed said the company has seen support from its members on the feature and will continue fighting the FDA to continue offering its Blood Pressure Insights feature.
