The Nautilus Group announced the United States District Court for the Western District of Washington ruled in favor of The Nautilus Group on a motion for preliminary injunction, and entered an order now barring ICON Health & Fitness, Inc. from using the mark “CrossBow” on any exercise equipment.
In its ruling, the Court concluded that Nautilus showed “a probability of success on the merits and irreparable injury” on its trademark infringement claim.
“This preliminary injunction now prevents ICON and anyone acting in concert with ICON from marketing, advertising, or selling any fitness equipment that bears the “CrossBow” mark at least until the trial in December 2003 is concluded,” stated Brian Cook, Chairman. “We are very pleased that the Court recognized the strength of our trademark infringement case.”
“Nautilus is aggressively pursuing the remaining claims for patent infringement based on literal infringement, the “doctrine of equivalents” and unfair competition. “Our Appeal from the motion denying our preliminary injunction on literal patent infringement is scheduled for September 4, 2003 and the trial is scheduled for December 1, 2003”, commented Gregg Hammann, President and CEO. “We are committed to growing all our brands. Bowflex is a strong brand in our portfolio. We will aggressively protect and defend our brands and intellectual property to insure their health. We will use all remedies provided by law including seeking monetary damages.”
