LOS ANGELES – Two Santa Monica companies allege that a Michigan company's use of the Burn Fitness mark is likely to cause confusion.
Burn Fitness 2 LLC, doing business as Burn Fitness, and Physique Health Club LLC filed a complaint on April 14 in the U.S. District Court for the Central District of California against Burn Fitness Holdings LLC and Does 1-10 alleging trademark infringement and other counts.
According to the complaint, the plaintiffs allege that since June 30, 2006, they have continuously used the term Burn Fitness in interstate commerce as an identifier of a variety of goods and services they provide. The plaintiffs holds Burn Fitness Holdings LLC responsible because the defendant allegedly willfully used plaintiffs Burn Fitness mark without authorization and rejected plaintiffs' cease and desist letter.
The plaintiffs seek an order preventing defendants from using and registering the phrase Burn Fitness as a trademark, award for costs of suit incurred for this action and such other and further relief that the court deems just and proper. They are represented by Milord A. Keshishian and J. Nicolas Anwandter of Milord & Associates PC in Los Angeles.
U.S. District Court for the Central District of California Case number 2:17-cv-2853