The Tenth Circuit upheld a lower court’s decision on Thursday that the use of the name “Erica” by Bank of America’s virtual assistant services did not infringe the trademark of an online movie database, identified by the service mark “E.R.I.C.A”. In its ruling, the court stated that the plaintiff was not able to compellingly demonstrate that their service mark “E.R.I.C.A” was directly linked with the search services they offered on their website.
The plaintiffs launched the trademark lawsuit against the banking giant, alleging that the virtual assistant’s name was essentially identical to their own service mark, hence creating a situation where consumers might easily confuse the two services. However, the court was not convinced by these assertions and subsequently ruled in favor of Bank of America.
Virtual assistants have become common tools in the tech industry, functioning to simplify digital tasks for users, which can range from searching for online content, through setting reminders, to managing smart home devices. As the competition for unique, memorable names for these helpers increases, so too does the potential for trademark disputes.
For a detailed overview of this case, please read the summary provided by Law360.