Fitness Anywhere LLC, San Francisco, which does business as TRX, announced it was awarded over $6.8 million in a federal infringement lawsuit against California-based online company WOSS Enterprises LLC.
A jury in the U.S. District Court for the Northern District of California determined WOSS Enterprises “willfully infringed” one of TRX's registered U.S. patents as well as its trademark, “Suspension Training,” through the sale of six products, according to a March 30 statement issued by TRX.
"The purpose of this action was to affirm the strength of TRX’s patented Suspension Trainer products and the inherent goodwill and incontestable brand recognition that TRX has garnered in the United States and abroad for more than 10 years as a result of pioneering and maintaining the gold-standard as the global leader in functional training,” TRX President Paul Zadoff said in the statement. “This jury award should serve as a notice to all those determined to engage in intellectual property infringement or other similar unlawful activity that they are not beyond the reach of justice by federal court juries."
The jury determined that WOSS Enterprises’ repeated and unauthorized use of TRX trademarks was willful infringement, not fair usage. TRX will continue to enforce its trademarks across third-party commerce platforms, including Amazon, the statement said.
"The internet has enabled a class of e-commerce parasites to evolve and feed on the investment and hard work of others,” said Randy Hetrick, founder and CEO of TRX. “These leeches steal the trademarks and copyrights of brand leaders to manipulate online ‘search results’ and bamboozle customers into buying cheap, dangerous knockoffs that violate the patents of brands (like TRX) that have poured their life’s work into developing the market and investing in research, product innovation and consumer education. This verdict is a big win for brand innovators and customers alike, and it officially puts the fraudsters and cheaters of our industry on notice."
The damages in the case may be increased up to three times the minimum $6.8 million award, not including attorney fees, as to be determined by the judge.