Fitness Anywhere LLC (TRX) was awarded more than more than $6.8 million in damages against online company WOSS Enterprises LLC by a Federal jury in the Northern District of California.

The jury found WOSS to have willfully infringed TRX’s 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 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 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 entered into a two-year licensed partnership with Under Armour in September 2016, with a possible one-year extension.

Photo courtesy TRX