Did you hear? ... Icon charges Keys with infringement, partly from Image Spa sale

Icon Health & Fitness has filed a lawsuit charging Keys Fitness and its subsidiary Keys Backyard, with both patent and trademark infringement.
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Icon Health & Fitness has filed a lawsuit charging Keys Fitness and its subsidiary Keys Backyard, with both patent and trademark infringement.

The complaint, filed in late July, in the U.S. District Court, Utah, charges Keys with:

>> infringement of the patent Icon said it has the exclusive license to use in home fitness that involves a "race track" on the console of equipment.
>> infringement of the Image and Weslo trademarked names stemming partly from the sale of the Image Spa division to Keys in January 2005.

An Icon spokeswoman said Keys had the right to use the Image name for its spas and other products that were part of the division sale for a certain transition period, but that the Garland, Texas-based, company had continued to use those trademarked names beyond the approved period. When Keys did not stop the alleged infringement, Logan, Utah-based, Icon was forced to file the suit, the spokeswoman said, adding that it was a business matter that would likely be resolved quickly.

"Keys Fitness is fully confident a quick resolution will be achieved in this matter," Keys COO Dave Williams told SNEWS®. "It will cause no interruption in our business or have any effect on our delivery of products."

The lawsuit obtained by SNEWS® called the marks "assets of substantial value" and noted that "prospective purchasers of Keys Backyard's spas are likely to be deceived, mistaken or confused as to the source or origin of the products or affiliation."

In the case of the alleged patent infringement of the motivational racetrack display, Icon stated in the suit that Keys "has imported into the United States and/or has made and/or sold and/or offered to sell products falling within the scope" of the patent to which Icon has the rights.

Keys Fitness acquired the Image Spa division from Icon, paying $6.6 million for the acquisition. Click here for a Jan. 13, 2005, SNEWS® story, "Icon takes loss in sale of spa division to Keys Fitness."

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