Icon Health and Fitness Inc. v. Total Body Experts LLC
Published: Jan. 14, 2017 | Result Date: Sep. 13, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-00302-R-FFM Settlement – Equitable Settlement
Court
USDC Central
Attorneys
Plaintiff
Stephen H. Smith
(Yoka & Smith LLP)
John K. Park
(Yoka & Smith LLP)
Defendant
Marc E. Hankin
(Hankin Patent Law APC)
Kevin E. Schraven
(Hankin Patent Law APC)
Facts
Plaintiff Icon Health and Fitness Inc. filed suit against Total Body Experts LLC in connection with its Pro Forma trademark.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants infringed its Pro Forma trademark relating to exercise equipment such as stepping machines, treadmills and stationary cycles by displaying the Pro Forma marks on its website without plaintiff's permission.
Plaintiff brought an action against defendants for trademark infringement, copyright infringement, and related state law claims.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and asserted various affirmative defenses.
Result
Pursuant to the settlement reached between the parties, defendants agreed to take down the website.
For reprint rights or to order a copy of your photo:
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for prices.
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