SAN FRANCISCO – A Utah health and fitness corporation is suing a Mountain View health corporation over trademark infringement allegations.
ICON Health and Fitness Inc., filed a lawsuit in the U.S. District Court for the Northern District of California on Jan. 13 against iHealth Lab Inc., citing federal trademark infringement, unfair competition, false advertising, dilution and common law trademark, and trade name infringement.
According to the complaint, ICON is one of the leading health and fitness equipment manufacturers and suppliers in the world. Since as early as 1999, ICON developed and used the marks IFIT and IFIT.COM in connection with various goods, and has the marks registered, the complaint states. iHealth registered the mark IFITNESS and was allegedly using the mark in connection with goods and services that are related to the goods and services provided by ICON, according to the suit. ICON alleges it has suffered damages and that iHealth has earned illegal profits.
ICON is seeking actual, treble and statutory damages, prejudgment interest and cancellation of iHealth’s registration of the marks. Perry R. Clark of The Law Offices of Perry R. Clark of Palo Alto and Gregory M. Hess and LaShel Shaw of Parr Brown Gee and Loveless PC in Salt Lake City are representing ICON.
U.S. District Court for the Northern District of California Case number 3:16-cv-00231