GRAND RAPIDS, Mich. (BRAIN) — A U.S District Court judge has dismissed a case that a mobile game app maker had filed against Trek Bicycle after Trek challenged the game maker’s trademark registration.
Jchon Perkins owns Prize Trek, a mobile app game that a 2017 Associated Press article described as “a powerful marketing tool that can provide small businesses with free advertising for life." Players "participate in a scavenger hunt and win valuable cash and prizes sponsored by local businesses," the article said.
After Perkins, in 2018, applied to register "Prize Trek" with the Patent and Trademark Office, Trek Bicycle filed an opposition, saying the game’s name could be confused with its trademark for Trek.
Trek and Perkins were unable to settle the dispute. However, in 2019 the USPTO overruled Trek’s opposition and granted Perkins the trademark.
In early 2021 Perkins sued Trek, charging that the bike company's opposition to the trademark registration had delayed the app's development and market entry.
Representing himself, Perkins alleged claims of unfair competition, tortious interference with a business relationship and restraint of trade.
In May last year, Trek asked the court to dismiss the case for failure to state a claim. The matter was referred to a magistrate judge who agreed with Trek and recommended that the court judge dismiss the case. After reviewing objections and responses to the recommendation, U.S. District Judge Janet Neff on Wednesday ordered the case dismissed.
Among other reasons for the dismissal, Neff agreed that Perkins’ allegations did not suggest he could meet the elements of his claims. In part, Neff noted that Perkins had made no allegation in his original complaint that Trek’s assertion of its trademark rights was done with malice.
While the PrizeTrek trademark was granted, the app does not appear to be available.
