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Fitbug vs Fitbit fight rumbles on as US court receives appeal

AIM-listed Fitbug (LON:FITB) will appeal against a recent Californian court verdict which went in favour of its fitness technology rival, Fitbit.

The closely-named companies, which also have a somewhat similar product portfolio, have been embroiled in a long-running legal row centred on trademark infringement.

Back in 2013 Fitbug sued the US company alleging that the Fitbit trademark infringed upon its rights and caused confusion among customers.

It added that Fitbit’s unfair business practices had cause irreparable harm and damage to the Fitbug brand.

However, a California judge dismissed the accusations last month, granting a summary judgement in Fitbit's favour.

Today, Fitbug said it had filed an appeal in the US and is continuing to progress separate trademark actions in the UK and EU against Fitbit.

"We have discussed the US case with our legal advisors and believe we have strong grounds for appeal,” said Fitbug chief executive Paul Landau.

“The central issue remains the likelihood of confusion. The company believes that only an injunction precluding the use of the Fitbit mark will eliminate the potential for confusion."

Fitbug, known for digital coaching devices such as Fitbug Orb and Kiqplan, has been making fit tech devices since 2005.

Fitbit, founded in 2007, is better known in the US and produces Fitbit One and Fitbit Zip.