WHOOP Nabs Block on Chinese Co.’s Health-Tracker Products, Law360

Morgan Lewis secured a significant victory in the US District Court for the District of Massachusetts on behalf of WHOOP Inc., obtaining an order blocking a Chinese company from selling health-tracking products in the United States that were alleged to infringe the iconic WHOOP trade dress.

The court found that WHOOP demonstrated a likelihood of success in establishing that its product design merits trade dress protection and that the competing products would likely cause consumer confusion. The judge determined that the WHOOP trade dress was not functional and had acquired distinctiveness through longstanding market presence and advertising, and that the similarities between the WHOOP wearable tracker and the defendant’s products made them “virtually indistinguishable.”

The court also rejected arguments that delay in bringing suit undermined a presumption of irreparable harm and concluded that the likelihood of irreparable harm to WHOOP absent an injunction outweighed potential harms the injunction could cause to the defendant.

This ruling is notable as preliminary injunctive relief of this nature is relatively uncommon in trade dress disputes, where plaintiffs often face significant hurdles in proving nonfunctionality and distinctiveness at an early stage.

The Morgan Lewis team representing WHOOP included partner and leader of the firm’s global trademark litigation practice Josh Dalton and associates Katherine Soule, Jack Hendershott, and Tessa Ruff.

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See additional coverage (subscription may be required):

• WHOOP Wins Early Block on Chinese Firm’s Similar Fitness Bands, Bloomberg Law
• WHOOP Nabs Injunction in Trade Dress Battle Over Minimalist Band, The Fashion Law
• WHOOP Scores Legal Win as Judge Halts U.S. Sales of Rival Fitness Tracker, MobiHealthNews
• Federal Court Grants WHOOP Preliminary Injunction Against Lexqi, Morningstar