Beachbody LLC, a Delaware Limited Liability Company v. Alicia Fryrear, an individual dba Raiderfry, and Does 1 through 10, inclusive
Published: Apr. 19, 2014 | Result Date: Dec. 3, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-06767-FMO-AGR Bench Decision – Permanent Injunction
Court
USDC Central
Attorneys
Plaintiff
Marcus F. Chaney
(Johnson & Pham LLP)
Christopher Q. Pham
(Johnson & Pham LLP)
Defendant
Facts
Beachbody LLC sued Alicia Fryrear for trademark infringement and various other causes of action.
Contentions
PLAINTIFF'S CONTENTIONS:
Beachbody LLC is a health, wellness, and fitness company that developed weight loss and health products. One of its products is the Insanity DVD series. It opened trademark and copyright registrations for its properties, including a trademark registration for Beachbody and related marks.
Beachbody argued that Fryrear sold counterfeit fitness DVDs bearing the Beachbody and Insanity marks over the Internet, through websites like eBay.com. Fryrear systematically advertised and sold these counterfeit products, infringing on Beachbody's rights.
Result
The court awarded Beachbody $430,000 in damages, and granted a permanent injunction prohibiting Fryrear from continuing her infringing activities.
Other Information
FILING DATE: Sept. 13, 2013.
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