Source: TRX®
Ruling Against WOSS Enterprises LLC Establishes Invaluable Legal Precedent, Providing Significant Leverage for TRX's Ongoing Battle Against E-Commerce Knock-Offs of TRX Suspsension Trainer & Patented Technology
San Francisco--March 30, 2017 - A unanimous Federal jury in the Northern District of California has awarded Fitness Anywhere LLC (TRX) more than $6.8 million in damages against WOSS Enterprises LLC - an online company manipulating e-commerce platforms, including Amazon, to sell several knock-off versions of TRX's patented Suspension Trainer. The jury found WOSS to have willfully infringed one of TRX's dozen of U.S. Patents (U.S. Patent No. 7,044,896) through the sale of six of its products, and to have engaged in willful trademark infringement of TRX's incontestable trademark, SUSPENSION TRAINING®.
"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,"said Paul Zadoff, President, TRX. "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's decision validates TRX's ongoing efforts of enforcement of its large intellectual property portfolio which includes the SUSPENSION TRAINING® and SUSPENSION TRAINER™ trademarks. The jury ruled that unauthorized use by a competitor once a first notice had been given of the TRX trademarks "Suspension Training" and "Suspension Trainer" in commerce, such as on the site Amazon.com, constituted willful infringement, subject to punitive damages. The jury also rejected that such use might constitute fair use.
"The internet has enabled a class of e-commerce parasites to evolve and feed on the investment and hard work of others. 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," said Randy Hetrick, Founder & CEO, TRX. "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 verdict aligns with TRX's ongoing enforcement program that was reinforced by Amazon's recently announced anti-counterfeiting program. TRX plans to initiate similar efforts against other third parties believed to have infringed on its technology and trademarks.
"This is truly a landmark ruling where our business is concerned. Moving forward, it arms us with the legal precedent necessary to pursue and effectively eliminate the countless number of counterfeiters who are duping consumers with unreliable, and often dangerous, 'knock offs' of TRX products," said Sid Nasr, General Counsel, TRX. "It's not often that a company invests the time and resources to carry commercial litigation through to a final court ruling, and the unanimous decision by the jury provides absolute validation that our trademarks and patents are not to be challenged."
The $6.8 million represents the minimum award to TRX based on the jury's decision. Because the jury also found that WOSS Enterprises willfully infringed the rights of TRX, the damages may be increased up to three times the minimum award, as well as including attorney fees and costs, based on the final decision of the judge.
TRX continues its thought leadership in the world of fitness by consistently innovating its programming, education and products. For more information on TRX, including a recently launched integrated digital platform -- TRX Connect -- and several new Functional Training tools such as the TRX Duo Trainer and Functional Training Accessories, check out TRXTraining.com.
About TRX®
As the global leaders in functional training, TRX's mission is to empower everyone to move better and more efficiently. TRX developed the world's best training equipment, workout programs, and education courses to help everyone, of any fitness level, become a better version of themselves. TRX has also become the industry's leading provider of specialized education courses for fitness professionals. They have redefined the application of bodyweight training to enhance human performance and have successfully disrupted the mature landscape of the health club industry. Through a commitment to ongoing research and product development, TRX is changing the way consumers exercise, athletes train for sport, soldiers train for combat, physical therapists rehabilitate patients, and exercise instructors train clients. For more information on TRX, call (888) 878-5348 or email [email protected]
