In yet another example of judicial efficiency, The United States Court of Appeals has reversed, for the third time, the status of the preliminary injunction in the Nautilus v. Icon case involving the “CrossBow” and “Bowflex” names. In its current form, the injunction prevents Icon and all retailers from marketing advertising or selling any fitness equipment that bears the “CrossBow” name.
“We are very pleased that the Federal Courts have recognized the strength of our trademark case and ruled in our favor,” stated Gregg Hammann, Chairman and Chief Executive Officer. “In addition, we are aggressively pursuing the patent infringement claims against ICON. We have a trial date in April 2005 concerning these remaining claims.”
In November, SEW reported that the U.S. District court had dismissed a patent infringement case. In the original motion for the injunction in August 2003, The Court ruled in favor of NLS, barring ICON from using the mark “CrossBow” The Federal Circuit Court of Appeals in Washington, D.C. later stayed the injunction issued by the U.S. District Court.
Both parties are anxiously awaiting the April 2005 patent infringement trial. Regardless of the Courts decision, there will be serious implications to the future of the Bowflex technology.
