Did you hear?... AccuFitness prevails in 6+ year legal battle

A drawn-out legal skirmish over royalties between the former owner of Accu-Measure, the manufacturing arm of AccuFitness, and its current owner has turned out in favor of current management.
Author:
Publish date:

A drawn-out legal skirmish over royalties between the former owner of Accu-Measure, the manufacturing arm of AccuFitness, and its current owner has turned out in favor of current management.

The judge in the appeal of the case before the Colorado Court of Appeals in Arapahoe Country ruled July 6 that AccuFitness owner MedTech Capital Markets and its owners John Fitzgerald and James Krejci were correct in their assessment of the royalties that were to be paid to former owner John Lollar.

Lollar, the inventor of the technology behind the original Accu-Measure body-fat caliper, had contended in the lawsuit that MedTech owed him royalties not only on the caliper, for which MedTech acquired rights with its purchase of assets in 1999, but on anything that the company ever manufactured or sold. He had charged the new owners with a list of claims, including fraud and negligent misrepresentation.

"The court ruled he sold the calipers, not the company, and he was entitled to (a percent) of all sales of that caliper," President Matt Chalek told SNEWS®.

The case was headed for a jury trial, but the judge stepped in to issue his own "directed verdict" remanding the case and keeping it from going to a jury trial, Chalek said.

AccuFitness and MedTech had also won the ruling on all counts in the lower court, which was then appealed by Lollar in August 2005. The court awarded $605,500 in costs and fees.

"We won…twice," Chalek said. "Both times, a shut-out. We're now regrouping."

Related

LawReviewThumb.gif

Mad Rock, Climb X settle legal battle

A nearly 15-month legal tussle between climbing brands Mad Rock and Climb X has reached a settlement with each side claiming a win. The settlement, which was accepted by the U.S. District Court, Central District of California, Nov. 29, 2011, dismisses Mad Rock’s claims against ...read more

Fitness: Did you hear?...

>> After six years in and out of courts, Nike has settled a lawsuit that claimed the company misled the public about working conditions in its overseas factories, resolving a battle over free speech protection that had gone to the U.S. Supreme Court and could have had ...read more

Fitness: Did you hear?...

For the week of March 1-7>> Scott Eyler has resigned as vice president of sales and marketing at True Fitness, according to the company. COO Michael Rivard, who joined True in August 2004, told SNEWS® Eyler, who reported to him directly, resigned effective Feb. 25. "We're ...read more

Fitness: Did you hear?…

>> Both parties in the Nautilus vs. Icon patent infringement case are now awaiting a court ruling after the so-called pre-jury-trial Markman hearing on Sept. 14. In that hearing, the judge hears a concise summary of claims and arguments planned by each side. Although it does not ...read more

Fitness: Did you hear?…

For the week of March 29 to April 4>> Bill Howland, for 13 years a mainstay at IHRSA, has left the association to go back to business school. Most recently, he has been the director of government relations and public policy, but also kept track of most of the public relations ...read more

Fitness: Did you hear?...

For the week of May 24-31>> One positive about the rapid growth of Curves is that its numbers now are sneaking up on the number of McDonald's franchises in the United States. There is now one Curves for every two of the burger joints nationally, but in LaCrosse, Mich., where two ...read more

Fitness: Did you hear?...

>> In another way to personalize its staff members to customers, salespeople at The Fitness Experience stores will stop using business cards. Nope, no more of those boring little cards. Instead, a la popular police cards, the staffers will handout mini-baseball-cards -- complete ...read more