Therabody announced it has reached settlement agreements with sellers of vibration massage devices Revolution Hustle LLC and Elevate Brands LLC.
In April 2020, Therabody filed a patent and trade dress infringement lawsuit in the United States District Court for the Central District of California against both Revolution Hustle and Elevate Brands, seeking damages and an injunction to prevent the companies from selling any products infringing on Therabody’s patented technology and distinctive trade dress. In its settlement, Revolution Hustle and Elevate Brands agreed to cease and desist manufacturing, importing, using or selling any massage gun devices that infringe Theragun’s U.S. Design Patent No. D877,351 and Trade Dress comprising of a distinctive blue color as applied to massage gun products and packaging, as well as a settlement payment of $700,000.
“We have invested an incredible amount of time, research, science, development, and capital on creating an ecosystem of purposeful, innovative wellness solutions that enable people to take care of themselves,” explained Benjamin Nazarian, CEO of Therabody. “Protecting our IP is a top priority, and our commitment to remain the authentic leader in the space is fundamental to what makes us so unique. When companies infringe on our design and technology patents, it validates our efficacy and credibility. While we are pleased with the outcome with both Revolution Hustle and Elevate Brands, we continue to remain vigilant while aggressively enforcing our intellectual property rights.”
Therabody said it has been issued 126 patents globally and has an additional 138 patents pending. To date, Therabody has stopped more than 300 companies from selling infringing products on Amazon and other retail sites.
Photo courtesy Therabody