The Nautilus Group, Inc. announced that the United States Court of Appeals for the Federal Circuit granted ICON Health and Fitness, Inc. a Stay of the Preliminary Injunction originally ordered by the Federal District Court for the Western District of Washington.
On August 1, 2003, the District Court ruled in favor of The Nautilus Group on a Motion for Preliminary Injunction, and entered an Order barring ICON Health and Fitness, Inc. from using the mark “CrossBow” on any exercise equipment. The Stay allows ICON to continue using the “CrossBow” trademark until the Federal Circuit rules on the merits of ICON's appeal.
“We are disappointed that the Stay was granted, but we remain confident that the Court of Appeals will affirm the original Order granting Nautilus the Preliminary Injunction for trademark infringement,” commented Gregg Hammann, President and Chief Executive Officer.
This Stay has no affect on the patent infringement claims against ICON to be presented in the trial scheduled for December 1, 2003.