Bank of America defeats 'Erica' virtual-assistant trademark case on appeal

Reuters04-20

By Blake Brittain

April 19 (Reuters) - Bank of America has convinced a U.S. appeals court that its "Erica" virtual assistant does not violate the rights of a website creator who owned an earlier "Erica" trademark.

The Denver-based 10th U.S. Circuit Court of Appeals said on Thursday that Erik Underwood failed to show that he actually used his trademark in commerce, affirming a federal district court win for BofA.

Representatives for Underwood did not immediately respond to requests for comment on the decision on Friday. A BofA spokesperson declined to comment.

Underwood developed a business plan for a virtual assistant named E.R.I.C.A. in 2009 and registered a Georgia trademark for the name in 2010. He later created a search engine, my24erica.com, where users can search for information about films and actors.

BofA received a federal "Erica" trademark in 2018 covering "voice-controlled information and personal assistant devices" for banking. The bank said earlier this month that its Erica has been used more than 2 billion times since its 2018 launch.

Underwood sued BofA in Colorado federal court the same year. U.S. District Judge Raymond Moore ruled for BofA in 2019, but the 10th Circuit sent the case back in 2021 for the district court to reconsider whether Underwood had a protectable interest in his trademark before BofA began using the "Erica" name.

Moore ruled for the bank again in 2022, and the 10th Circuit upheld the decision on Thursday.

U.S. Circuit Judge Nancy Moritz wrote for a three-judge panel that Underwood "presented no evidence that the E.R.I.C.A. mark, as used on the website, clearly distinguishes the source of the services offered by " and that his trademark was not protectable.

The case is Underwood v. $Bank of America Corp(BAC-N)$, 10th U.S. Circuit Court of Appeals, No. 22-1402.

For Underwood: Aaron Bradford of Sheridan Ross

For BofA: David Bernstein of Debevoise & Plimpton

Bank of America's 'Erica' trademark win partly upheld by 10th Circuit

(Reporting by Blake Brittain in Washington)

Disclaimer: Investing carries risk. This is not financial advice. The above content should not be regarded as an offer, recommendation, or solicitation on acquiring or disposing of any financial products, any associated discussions, comments, or posts by author or other users should not be considered as such either. It is solely for general information purpose only, which does not consider your own investment objectives, financial situations or needs. TTM assumes no responsibility or warranty for the accuracy and completeness of the information, investors should do their own research and may seek professional advice before investing.

Bank of America defeats 'Erica' virtual-assistant trademark case on appeal

Comments