Humu and Hulu — their names might sound about the same, but it would be hard to mix up what the two companies do.
Hulu is the streaming service that lets you chill and binge watch “The Handmaid’s Tale” or “Seinfeld.” Humu, on the other hand, works with businesses to improve employee morale by applying technology to human resources efforts.
But could Humu’s nearly identical name confuse customers enough that it violates Hulu’s trademark?
That’s what a recently filed federal lawsuit aims to answer.
Concerned that Hulu could file a trademark lawsuit against it, Mountain View-based Humu has launched a legal preemptive strike by suing the streaming service, headquartered in Los Angeles. Humu’s lawsuit asks the U.S. District Court for the Northern District of California to declare that its name does not create confusion with Hulu’s, nor violate the service’s trademark. Humu is also seeking attorneys fees.
Humu was founded in 2017 by three former Google employees, including former human resources executive Laszlo Bock, and takes its name from the famed state fish of Hawaii — the triggerfish, known in Hawaiian as humuhumunukunukuapua’a. The company describes itself as a start-up that “applies analytics and machine-learning to support human resources activities,” by using “psychological research and algorithms to encourage employees to take small personal steps to improve the workplace experience.”
In December 2017, after Humu applied for a trademark and bought a domain name, the company received a cease-and-desist letter from Hulu threatening a lawsuit and demanding it stop using the Humu name.
Hulu alleged, according to the federal complaint, that Humu’s name is “likely to confuse, deceive, and/or mislead consumers into believing that (Humu’s) goods and services come from Hulu or that Hulu has licensed, endorsed, sponsored, or otherwise authorized or approved (Humu’s) goods and services.”
Humu pooh-poohed Hulu’s claim.
Along with the differences between the services they provide, attorneys for Humu noted their company markets its product directly to business executives seeking help with their human resources departments. Hulu, meanwhile, markets subscriptions to individual customers.
“Humu’s prospective clients are not confused in any respect about whether they are dealing with a consumer entertainment company when encountering the mark Humu on (Humu’s) software and services and evaluating a purchase decision,” the complaint states.
Hulu has not yet responded to the Humu complaint, nor have representatives for the company responded to requests for comment.
