Rad calls Bam a “copycat company” and alleges it could not “succeed in the e-bike marketplace on its own merits,” so it had to mimic Rad’s look. The lawsuit, filed in U.S. District Court in Seattle this week, alleges that Bam launched a “knockoff” website in March that confused customers because it was so similar to Rad’s, making them think the two companies were related in some way.
From the court documents:
Bam apparently cannot succeed in the e-bike marketplace on its own merits. Bam instead hoodwinks an unwitting populace into the false impression that Bam has already achieved Rad Power Bikes’ prominence and reputational stature in the e-bike industry. Bam thoroughly mimicked Rad Power Bikes’ website content and e-bike designs in order to give the copycat company an unwarranted head start in the e-bike marketplace. Rather than compete fairly, Bam cuts marketing and design corners through siphoning Rad Power Bikes’ excellent reputation and goodwill in the burgeoning world of e-bike commerce.
In addition to claims of copyright infringement and false advertising, Rad alleges that claims of patented technology made by Bam and its parent company, JHR Electric Transport, are misleading because the patents could not be found in U.S. Patent and Trademark Office databases.
Throughout the filing, Rad shows images of the two companies’ websites side-by-side to emphasize the similarity in layout and product offerings. One image shows the tagline “Built for Everything. Priced for Everyone,” displayed prominently on both sites.
When GeekWire visited the sites this week, taglines on both homepages had been changed. Bam also appeared to make tweaks to other areas of its website that previously looked similar to Rad in court documents.
Rad alleges it got complaints from customers who thought its products were generic, since nearly identical models could be found on Bam’s website. Rad is asking for the court to put a stop to any elements of Bam that infringe on copyrights “in order to correct and end the misimpressions being foisted upon an unsuspecting public through Bam’s deliberate replication of Rad Power Bikes’ website design and business persona.”
We’ve reached out to Bam and will update this post if we hear back. Rad declined to comment.
Rad Power Bikes has become one of the best-known e-bike brands in North America over the past four years, with revenues expected to double to $100 million this year, GeekWire previously reported. Last month, the company landed a pair of high-profile investors in Zulily co-founders Darrell Cavens and Mark Vadon.
The startup now sells its e-bikes in the U.S., Canada, and 30 European countries to both consumers and commercial businesses in industries such as logistics, law enforcement, deliveries, and more. It has taken advantage of the direct-to-consumer model to shorten its supply chain, bypass traditional bike shops and create a tight feedback loop with customers to constantly improve its limited line of e-bikes that sell for around $1,500.
On Bam’s website, parent company JHR calls itself “the leader in developing and manufacturing electric power vehicles in America.” It has been building electric vehicles since 2004, and according to the website is the company behind the “most popular mobility products in the world – EWheels.”
Bam says it has been building e-bikes since 2009, and it offers four different models, all priced at $1,599. The company also builds several different types of e-scooters, ranging in price from $349 for a small folding scooter to $2,345 for the more powerful “Chopper Trike.”
Here is the full lawsuit from Rad: