Bank of America defeats 'Erica' virtual-assistant trademark case on appeal [Reuters]
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Source: Reuters
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 New Tab , opens new tab 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
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