In other news, a U.S. District Court in Washington has dismissed a patent infringement case that Nautilus brought against ICON Health and Fitness for its CrossBow product. Nautilus is expected to appeal the ruling. The current ruling clears ICON of any action due to its design, but the company still has a big fight on its hands over the name of the machine.
Both companies await a pending 2004 trial date for the trademark infringement case that Nautilus filed against ICON. The Court in August ruled in favor of NLS in its request for a preliminary injunction barring ICON from using the mark “CrossBow” on any exercise equipment, concluding that Nautilus showed “a probability of success on the merits and irreparable injury” on its trademark infringement claim. The Federal Circuit Court of Appeals in Washington, D.C. later stayed the injunction issued by the U.S. District Court.
Nautilus said the Bowflex, which sells for an average of $1,500, is hurting from the competitive pressure for the $600 CrossBow from ICON. NLS said Bowflex sales maintained at sporting goods stores, but fell nearly 50% through infomercials and the Internet.
>>> This has gone back and forth so much you would think these two are in the tennis market
