The world of fitness trackers is getting increasingly litigious. After both Suunto and Strava sued Garmin for patent infringement, Whoop has sued Polar for ‘copying’ the design of its screenless fitness tracker.
This claim was reported by Gadgets & Wearables and relates to the Polar Loop, a fabric band without a screen that tracks your everyday activity and sleep. Whoop is claiming that this design is too similar to its own, and seeking damages as well as an injunction blocking the sale of the Polar Loop band in the U.S.
I reached out to both Polar and Whoop for comment on the lawsuit. So far only Polar has replied, refuting the allegations:
"Polar firmly denies any allegations of intellectual property infringement. Our products are the result of decades of innovation and rigorous design processes, and we remain confident in the originality and integrity of the appearance and design of our products."
What is Whoop claiming?
Whoop’s lawsuit was filed in New York on October 14 and claims that Polar infringed by making a tracker that is too similar to the Whoop band in appearance. The claim is that the band infringes on the Whoop ‘trade dress’ by copying key parts of Whoop’s aesthetic design.
The elements of the design named by Whoop are a continuous woven band that covers the sensor, thin metallic side accents, a U-shaped clasp that folds over the sensor, and no display or buttons — the faceless design.
Whoop says these design elements are not functional, as in they are aesthetic choices that identify the Whoop band. This is important because if they were necessary to the function of the device, they would not be protectable.
If Whoop can prove that its design is distinctive and non-essential, it would be protectable in a similar way to a trademark.
What happens next?
For now the case is open and just as with the other fitness tracker legal disputes that are ongoing, users of Polar and Whoop devices will have to wait on the outcome.
If Whoop can prove its design is protectable, it could have major implications for the world of fitness trackers and sports watches, where similar designs are certainly common.
Wearable companies seem to be getting more aggressive in how they try and protect their patents, with this lawsuit following on from Oura suing other smart ring manufacturers and Suunto suing Garmin over alleged patent infringement, as well as the high profile Strava vs Garmin legal dispute.
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