Faraday Future Being Sued For Trademark Infringement By Faraday Bicycles: Should We Call Them Faraway Future Instead?

Apr 28, 2017 07:00 AM EDT | Andrew Davis

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Faraday Future is at it again, only this time, it is being sued by an unrelated company, yet bearing almost the first name, Faraday Bicycles. This company is alleging the start-up EV company of trademark infringement. Now, with known financial struggles, does this mean that the future of FF is growing darker?

Faraday Bicycles is an electric bike brand that was purchased by Pon Holdings last January. And last Tuesday, it has filed a lawsuit in the US District Court for the Northern District of California, San Jose, accusing the electric start-up company of trademark infringement for using "FARADAY."

In October 2013, according to Faraday Bicycle, it has already registered "Faraday" for bicycles with the US Patent and Trademark Office (USPTO). Also, indicated in the 13-page complaint filed indicates that the registered trademark "Faraday" "predates any use of the name 'Faraday' by Defendant, and predates the existence of Defendant as an organized entity."

If you would recall, Faraday Future publicly launched the company in the fall of 2015. And it incorporated the same year.

Further, Faraday Bicycle also pointed out that the USPTO rejected FF's first trademark application in March 2016. This was based on the likelihood of confusion with the "Faraday" Bicycle mark.

The complaint reads: "Defendant's use of the FARADAY mark to operate its electric vehicle company and to advertise its products has created, and is likely to continue to create, consumer confusion and brand/reputational harm to Faraday Bicycles among consumers who are mistaken as to the origin of each party's goods, or who mistakenly believe Plaintiff and Defendant are commonly owned, operated or otherwise affiliated, connected or associated."

Hence, Faraday Bicycles is now asking the court for an injunction barring Faraday Future from using the "Faraday" trademark. Plus, Faraday Bicycles is also seeking unspecified damages and legal fees.

A representative from Faraday Future said that they do not comment on "ongoing litigation." But just less than 24 hours following the filing of the lawsuit, it seems FF issued a Notice of Publication for the trademark of Faraday Future according to the USPTO records. The notice indicates, "The mark of the application identified appears to be entitled to registration." Coincidence?

Faraday Bicycles is an addition to the growing problems the start-up company is facing. And whether we will see the future of FF is still uncertain.

Faraday Future still plans to launch its flagship FF91 by 2018. However, phase 2 is still dirt, just dirt, at its soon-to-rise factory in Nevada. How soon? Well, that's another Faraway Future story to tell. Maybe they should just call themselves Faraway Future instead.

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