Facts

Beachbody LLC filed an infringement suit against Richard Potier.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it was a health, wellness and fitness company that was involved in, among others, the development, production, sale, and distribution of in-home fitness, weight loss, and health products and services. Plaintiff alleged that one of the main components of its business included the production, sale and distribution of its Beachbody family of fitness DVDs and kits, including the Insanity and Focus T25 fitness DVDs and Kits. Plaintiff argued that its products reached great success due largely to plaintiff's marketing and promotional efforts.

Plaintiff alleged that it owned the trademark registrations and rights to the "Beachbody," "Insanity," and "Focus T25" marks. Plaintiff accused defendant of infringing on its rights by advertising, offering for sale, selling, or otherwise distributing counterfeit products bearing plaintiff's marks on eBay.

Plaintiff asserted claims for federal trademark infringement, federal copyright infringement, false designation of origin/unfair competition, trademark dilution, unfair business practices, and unfair competition.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and asserted various affirmative defenses.

Result

The parties agreed to enter into a stipulated judgment whereby Potier agreed to a permanent injunction enjoining him from committing further infringement of Beachbody's marks. In exchange, Beachbody agreed to dismiss the action against him.

Other Information

FILING DATE: March 20, 2014.