A Utah court has granted Icon Health & Fitness a permanent injunction against Lime Pro Equipment in a case filed in July where both sides claimed falsehoods and knock-offs.
Headquartered in Mexico, Lime Pro (www.limeproequipment.com) had just made its bid to begin equipment sales in the United States. Icon filed the charges with the U.S. District Court, Utah, against the company, alleging it was producing and selling equipment that had copied Icon's NordicTrack's look and feel, including using fonts and designs that were intended to confuse the customer. With Lime Pro sales advertised on eBay for sale in the United States, Icon also charged trade dress infringement.
The Utah judge in the late October order also dismissed the case, in which terms of the settlement remained confidential. (Click here to see an Aug. 4 SNEWS® story, "Icon sues newcomer to U.S. Lime Pro for infringement in a case with twists.")
Icon had called the company a "knock-off company," and Lime Pro President Isaac Calderon, a former distributor for Icon in Mexico at the time, told SNEWS the sales feedback listed on the eBay site were put up by Lime Pro "to build the store." Calderon later told SNEWS in an email that Lime Pro "doesn't even exist," calling it a "phantom company." Its website shows a tall glass multi-story building in San Diego with a large logo which in reality does not exist on the building.
Lime Pro had filed for an extension for its response, which it filed Aug. 15. In that, it denied some allegations and admitted others, and told the court the case should be dismissed because Icon lacked standing to assert some or all of the claims. The filing also stated that somebody "other than the defendants" were responsible, and requested a jury trial.
The court settlement stated that Lime Pro agrees to cease distributing or selling certain treadmill models or any others that carry certain Icon features, including Icon's "OneTouch" feature.
The matter was dismissed with prejudice on Oct. 28, 2008.