Mindspa vs Synctuition, UPD1: “The one and only…”

A startup founder’s journal about a trademark dispute

Welcome (or welcome back if you have read my last article)! As I mentioned last time, I am continuing to post developments about a trademark dispute that I am unfortunately involved with, so that it can serve as a reference to help other founders to protect their trademarks.

The full story background is in my previous post (What to do when a competitor is trying to take your company name?), but to make a short recap, I am basically defending a trademark I registered at the European Union Intellectual Property Office (EUIPO), and that a competitor started using a few months after.

The trademark is Mindspa, which the company Synctuition has been using as part of its brand for quite a few months now, causing confusion for users, since both companies have a mobile app dedicated to mental wellbeing.

This will be a short post, mainly to highlight some unfair and imho unethical marketing practices.

Being subscribed to the competitors marketing comms, today I receive this reactivation email. I quote:

Dear Friend,

It’s been a while since your last meditation session! It’s time to relax and brighten your day by treating yourself to a few minutes at the one and only MindSpa. All you’ll need is to put your headphones on, close your eyes, and immerse yourself in a beautiful word of joy and serenity.

Ready?

<Access the MindSpa now>

We love you,

When I read it I couldn’t believe my eyes. With “…the one and only MindSpa…” they are basically taking the piss at the legitimate registrant of the trademark.

What do you think about their approach on this dispute?

In my opinion (but I might be biased) it is a tad bit arrogant.

I would even classify this as a case of Corporate Bullying. A term I have actually never heard of, but it’s the best one I can find to describe their behaviour.

It will be the designated EUIPO office to say which party is at fault.

More to follow…