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Intellectual Property
Trademark Infringement
Copyright Infringement

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)

LaShel Shaw

John K. Park
(Yoka & Smith LLP)

Gregory M. Hess


Defendant

Marc E. Hankin
(Hankin Patent Law APC)

Anooj M. Patel

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.


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