Spin Bike EBay Listing Removed Because 'Spin Bike' Is Apparently A Non-Generic Trademark

from the sit-and-spin dept

Sometimes you try really hard at something and you still fail. Such is the case with Mad Dogg Athletics' attempt to keep its "spinning" trademarks from becoming generic. We wrote about the company's marks on stationary bike classes nearly five years ago, when it was busy suing several gyms in Denmark for offering spinning classes. In fact, both before and after those legal actions, MDA has been incredibly active in trying to enforce its trademarks. They tried really, really hard.

But the company failed. Much like other types of workout classes, nobody sees spinning as a source identifier any longer. Nobody thinks of Mad Dogg Athletics. Hell, most people haven't even heard of MDA. But the company hasn't given up, as shown by how it got eBay to remove a listing for an exercise bike for using the term "spin."

VeRO is ebay’s Verified Rights Owner program. VeRO allows a right’s owner (someone who has a verified trademark, copyright, etc.) to request removal of an item. This action, of course, is not without controversy. Business owners have claimed that this process is often abused and overreaching. I will leave that discussion for another day. For now, you should know that a company by the name of Mad Dogg Athletics, Inc. (MDA) is a member of the eBay VeRO Program and uses this program to enforce the nearly one hundred trademarks it owns, which include: spin, spinning, spinner, spin yoga, spinfitness, and spin daddy. With that said, only MDA’s Spin® bike can be called that, and so my client’s “spin bike” listing was removed due to use of the word spin.
Actually going after eBay listings for using a word like "spin" would be ridiculous in its own right, but this is about something much deeper for MDA: the term spinning is generic. It just is. And it's not like this kind of trademark-to-generic evolution is without precedent. Yoga and Pilates went through a similar transition, having been source-identifiers for consumers but soon turning into descriptions of a particular process or type of class, rather than any kind of brand. Keep in mind, as the link above notes, the test for whether a term is generic is the wider public's perception, not the individual purchasers' perception. Go ask someone on the street whether "spinning" is associated with any particular brand and see what reaction you get. It's generic.
I know I am not a professional cycler by any stretch, but as someone who at least recreationally partakes in indoor cycling, I had never even heard of the MDA. I bet you if I polled the people at my class, most haven’t either. It’s also important mention that on its page for “indoor cycling,” Wikipedia states, “[i]t is commonly called spinning.” Yelp allows you to search for “spin” and “spinning studio.” ABC News refers to SoulCycle as a spin studio. For the record, they are not. I dare you to search any cycling studio’s reviews for the word “spin.” Almost every review I found seemed to use the word interchangeably.
This is a good thing. And, actually, it's something that MDA could take advantage of, if it so desired. After all, MDA was indeed the originator of the term and it would be good business to make a marketing campaign out of its expertise with spinning. Instead, MDA appears to want to rage against the inevitable with legal action after legal action. Sadly, despite all of that effort, it isn't going to work -- and the company is just, well... spinning its wheels.


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  • icon
    Sheogorath (profile), 13 Aug 2015 @ 11:49pm

    But the company hasn't given up, as shown by how it got eBay to remove a listing for an exercise bike for using the term "spin."
    Um, I think you just used the generic term for this product.

    reply to this | link to this | view in chronology ]

  • icon
    PaulT (profile), 14 Aug 2015 @ 12:34am

    "After all, MDA was indeed the originator of the term"

    Well, yes and no. They applied a common dictionary word that's in wide use in a number of different contexts, and applied it to this one. This isn't a case where someone's created a term such as "kleenex" or "thermos" and it's become generic. They literally picked a generic word to begin with!

    This goes back to what I was saying in another thread. If you're going to be protective of the uniqueness of the name of your company or product, don't pick a common dictionary word that a kindergartener is aware of to use as its name.

    "Hell, most people haven't even heard of MDA."

    For some reason, my tired mind kept reading this as MDMA.

    reply to this | link to this | view in chronology ]

    • identicon
      David, 14 Aug 2015 @ 2:42am

      Re:

      There is a local lemonade brand in Germany called "Fritz Kola". When they needed a logo they couldn't afford dealing with designers and trademark lawyers. So they just slapped the founders' faces on the bottle on the assumption that nobody else should be able to lay claim to them.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Aug 2015 @ 9:26am

      Re:

      "Hell, most people haven't even heard of MDA."


      Muscular Dystrophy Association?

      reply to this | link to this | view in chronology ]

  • icon
    DOlz (profile), 14 Aug 2015 @ 6:43am

    Since they’re going with a BAND-AID approach they sould fire up the XEROX machine. Of course that’s just going to give them a headache So they’ll take an ASPIRN and wash it down with a COKE. After all the Strum und Drang they’ll cry into their KLEENIX,try to HOOVER up the mess and build a new business plan out of SUPER GLUE and SCOTCH TAPE.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Aug 2015 @ 7:51am

    In my community, Mad Dogg is fortified wine.

    reply to this | link to this | view in chronology ]

  • icon
    John Fenderson (profile), 14 Aug 2015 @ 8:33am

    "Spin bike" is generic to me

    Considering that I literally had no idea that it was a trademarked term until I read this article, despite seeing it used for decades in reference to exercise bikes, the term is generic as far as I'm concerned and I will continue to use it that way.

    reply to this | link to this | view in chronology ]

  • icon
    Phoenix84 (profile), 14 Aug 2015 @ 9:17am

    I've done a little cycling, but never indoors.
    However I've never heard the term 'spin bike'.
    I have heard of stationary bike though.
    I don't think of 'spin bike' as generic, as spin doesn't make any sense in this case.
    All bikes have spinning wheels, so it's not unique.
    What's unique is it's stationary, hence stationary bike.
    I just think 'spin bike' is a stupid name, but that's just me.

    reply to this | link to this | view in chronology ]

  • identicon
    Melissa, 14 Aug 2015 @ 11:14am

    Ebay Spin Bike

    How ignorant of you Timothy. You recognize that it's a trademark but you deliberately use it generically in this article. This is a rubbish piece and it seems you have been personally affected by Mad Dogg Athletics somehow. If a company owns a brand they should be allowed to protect their investment. I don't see you slamming Apple for choosing apple as the word for their brand.

    reply to this | link to this | view in chronology ]

    • identicon
      JS, 14 Aug 2015 @ 11:54am

      Re: Ebay Spin Bike

      I would never, ever buy an Apple product and am very pissed at them for using national park names for their releases.

      People like me who like to get rss feed news about the real place Yosemite are now bombarded with Apple advertising.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 14 Aug 2015 @ 2:09pm

      Re: Ebay Spin Bike

      Are you really going to compare Apple (hint: none of their products are apples) to the word spin (hint: spin bikes...spin)?

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Aug 2015 @ 2:53pm

    Yet Mad Dogg Athletics has a Pilates division, so they have already directly benefited from a trademark turning generic.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 14 Aug 2015 @ 6:02pm

    I associate MDA with the muscular dystrophy association. So I wonder if they can sue the other MDA for using muscles during a class.

    reply to this | link to this | view in chronology ]

  • identicon
    Jack, 16 Aug 2015 @ 1:42pm

    Bottom line... They own the trademark and have every right to try and protect it. You would do the same if it was yours. Your artical was a waste of time.

    reply to this | link to this | view in chronology ]

    • icon
      John Fenderson (profile), 17 Aug 2015 @ 8:23am

      Re:

      "You would do the same if it was yours."

      I always love it when people make this sort of argument, since they have literally no way of knowing whether or not the assertion is true.

      reply to this | link to this | view in chronology ]

    • identicon
      Klaus, 18 Aug 2015 @ 3:34am

      Re:

      "...Your artical was a waste of time."

      I disagree; I found the article gave insight into a litigeous company that I'd never heard of that posesses nearly 100 trademarks. That kind of thing interests me.

      reply to this | link to this | view in chronology ]

  • identicon
    thomas, 6 Dec 2015 @ 1:20am

    I didn't know about their trademark policy. Spin, Spinning, Spinner terms own by the Mad Dogg Athletics. I registered a domain spinbikereviewer.com and ranked in Google 1st page, however they didn't knock me when I was not on 1st page. But when I ranked on 1st page on Google their technical team tell me to change the domain. So I think it would be better to redirect the domain. So I just redirect the old one to exercisebikereviewspro.com

    there have been lots of sites using their terms in the doamin. They should aware the domain name providers not to release the Spin, Spinning, Spinner terms for anybody.

    reply to this | link to this | view in chronology ]


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