zhongshan trademark - US China Trade War Blog

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Case 1:14-cv-00002-BCW Document 2 Filed 01/13/14 Page 1 of 17
Mark A. Miller, 9563
mmiller@hollandhart.com
Ginger Utley, 11788
gutley@hollandhart.com
Christopher B. Hadley, 14055
cbhadley@hollandhart.com
H OLLAND & H ART LLP
222 South Main Street, Suite 2200
Salt Lake City, UT 84101
Telephone: (801) 799-5800
Facsimile: (801) 799-5700
Attorneys for Plaintiff
ICON Health & Fitness, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ICON HEALTH & FITNESS, INC., a
Delaware corporation,
COMPLAINT
Plaintiff,
Case No. 1:14-cv-00002-BCW
v.
Zhongshan Camry Electronic Co.,
Ltd., a company, Atlantic Promotions
Inc., a corporation,
Magistrate Judge Brooke C. Wells
Jury Demand
Defendants.
Plaintiff ICON Health & Fitness, Inc. (“ICON”), by and through its counsel of record,
Holland and Hart, LLP, complains against Defendants Zhongshan Camry Electronic Co.,
Ltd. (“Camry”) and Atlantic Promotions Inc. (“Atlantic Promotions”) (collectively,
“Defendants”) as follows:
PARTIES
1.
Plaintiff ICON is a corporation organized and existing under the laws of the State
of Delaware, with its principal place of business located at 1500 South 1000 West, Logan, Utah
84321.
2.
On information and belief, Camry is a Chinese company that manufactures,
markets, and sells scales throughout the world, including in this judicial district. On information
and belief, Camry has a place of business located in Baishawan Industrial Park at Quwan Road,
Dong District, Zhongshan, Guangdong, China 528400. Camry markets and sells scales and
related mobile phone application under the name “iFit” throughout the United States, including
in this judicial district.
3.
On information and belief, Atlantic Promotions is a Canadian company that
markets, promotes and sells various scales throughout the world, including this judicial district.
On information and belief, Atlantic Promotions has a place of business located at 770 boulevard
Guimond, Longueuil, Quebec, Canada, J4G 1V6.
On information and belief, Atlantic
Promotions is the North American marketer, promoter and distributor of Camry’s scale products,
specifically including those identified with the trademark “iFit.” Atlantic Promotions markets
and sells scales under its brand name “iFit by Starfrit” throughout the United States, including in
this judicial district.
4.
On information and belief, Defendants have sold digital and mechanical scale
products and related mobile phone applications under the name “iFIT” in the United States,
including at least the Commonwealth of Virginia, the State of Ohio, the State of Georgia, and the
State of Utah, including in this judicial district.
JURISDICTION AND VENUE
5.
This Court has subject matter jurisdiction over this action pursuant to Section 39
of the Lanham Act (15 U.S.C. § 1121), as this action arises under Sections 32 and 43 of the
Lanham Act (15 U.S.C. §§ 1114 and 1125). This Court has supplemental jurisdiction over the
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factually-related state law claims in this dispute pursuant to 28 U.S.C. § 1338(b) and 28 U.S.C.
§ 1367.
6.
This Court also has subject matter jurisdiction over this matter pursuant to 28
U.S.C. § 1332(a)(1), as the amount in controversy in this action exceeds $75,000.00 and the
dispute is between a citizen of the State of Utah and business entities of China and Canada.
7.
This Court has personal jurisdiction over Defendants because, on information and
belief, Defendants’ misconduct giving rise to this lawsuit occurred, in part, in this district.
Specifically, Defendants have sold the accused infringing products throughout the United States
by direct means or through distributors, including in this district. Camry has also made its
infringing mobile phone applications available through Apple, Inc.’s iTunes App Store, as well
as other mobile phone application stores, which are accessible nationally, including in this
district. Defendants also own, operate or control the sale, marketing and distribution of the
infringing products through their websites, all of which are accessible in the United States,
including,
but
not
limited
to:
www.ifitliving.com;
www.ifitstore.com;
www.camryscalestore.com; and www.us.atlanticpromotionsinc.com/i-fit/. Defendants also sell,
market and distribute the infringing products through third-party e-commerce retailers, such as
Amazon.com and Groupon.com. Thus, Defendants have purposely availed themselves of the
benefits of conducting business in the District of Utah with respect to the infringing products and
are therefore subject to this Court’s jurisdiction.
8.
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b).
GENERAL ALLEGATIONS
9.
ICON is a world leader in the exercise equipment and fitness industries and sells a
variety of exercise and fitness products under numerous well-known brands. Through many
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years of research and developments efforts, and through its pioneering leadership in exercise and
fitness technology, ICON owns a valuable portfolio of intellectual property rights including
patents, trademarks, trade dress, and copyrights. ICON’s intellectual property rights are among
its most valuable assets.
10.
For more than a decade, ICON has marketed and sold exercise and fitness
equipment under the trademark iFIT. ICON has also marketed and provided educational services
relating to personal health and fitness under the iFIT mark. The iFIT mark is a well-known,
distinctive indicator of ICON’s high quality products and corresponding goodwill.
As a
testament to the value and recognition of the iFIT mark, ICON has been granted a valid,
enforceable, and incontestable federal registration for the iFIT mark in connection with “fitness
and exercise machines” as well as “educational services, namely conducting personal training”
under Registration No. 2,618,509. A copy of ICON’s ‘509 registration is attached as Exhibit A.
11.
ICON’s established use of the iFIT mark since 1999 has also included the
provision of health and fitness consulting services via electronic communications networks.
ICON owns a valid, enforceable, and incontestable federal registration for the iFIT mark in
connection with “providing information and consultation services in the field of exercise
equipment and personal health, fitness and nutrition by means of a global computer network”
under Registration No. 2,466,474. A copy of ICON’s ‘474 registration is attached as Exhibit B.
12.
For years, ICON has also used the iFIT mark in connection with providing mobile
device applications that consumers can use to collect, track, and store personal health and fitness
information. Examples of ICON’s mobile applications are depicted below.
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13.
ICON sought and obtained a federal registration of the iFIT mark in connection
with its iFIT software applications under Reg. No. 4,450,213, which identifies the relevant goods
as: “Personal fitness training services and consultancy; Physical fitness instruction; Physical
fitness training services; Providing an on-line computer database featuring information regarding
exercise and fitness; Providing information in the field of exercise training.” A copy of ICON’s
registration with Reg. No. 4,450,213 is attached hereto as Exhibit C.
14.
ICON has sought a federal registration of the iFIT mark in connection with its
iFIT software applications under Serial No. 85-856673, which identifies the relevant goods as:
“Downloadable and web-based software for the collection, storage and display of personal
performance data from various fitness activities; display of nutritional information and fitness
and athletic programs and workouts, software for tracking, monitoring and planning fitness
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training activities.” A copy of ICON’s pending trademark registration with Serial No. 85856673 is attached hereto as Exhibit D. Hereafter, the trademark rights represented by the ‘509,
‘474 and ‘213 registrations and the ‘673 pending application are collectively referred to as the
“iFIT trademarks.”
15.
Due to ICON’s significant investment in the iFIT trademarks and the products and
services marketed and sold under the trademarks, the consuming public recognizes the iFIT
trademarks as a symbol of ICON and the quality products and services it provides relating to
fitness and personal health.
16.
On information and belief, Defendants use the iFIT mark to market and sell scales
throughout the world. Camry also uses the iFIT trademark to market and sell digital scales that
can be used with a mobile phone application that it offers through Apple Inc.’s App Store also
under the “iFit” name. Consumers use Defendants’ scales and related mobile phone applications
to track their personal fitness and health.
17.
Defendants’ iFit mark is identical to the iFIT trademarks owned by ICON.
18.
Defendants’ use of the iFit mark for its scale and mobile phone application is
likely to cause consumer confusion or mistake as to the source or sponsorship of Defendants’
products. Specifically, due to Defendants’ use of the iFit mark for their personal health-related
products—scales and mobile phone app—consumers are likely to mistakenly believe that ICON
is the source of those products or that the products are sponsored by or otherwise affiliated with
ICON’s iFIT branded products.
19.
On June 12, 2013, ICON contacted Apple, Inc. regarding Camry’s offering for
sale and marketing of its then named “iFIT Scale” mobile phone application available for
download on iTunes.
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20.
On July 23, 2013, ICON sent a cease and desist letter to Camry regarding its sales
of scales used for weight management using ICON’s iFIT trademarks. Specifically, Camry was
selling, offering for sale and marketing its scales using the iFIT trademarks on Amazon.com and
Groupon.com under the brand names Camry and Starfrit (hereinafter the “Infringing Scales”).
ICON demanded that Camry (1) cease the use of the name iFit for all products, including the
mobile phone application and infringing scales, marketed and labeled with iFit; (2) remove
product listings for the infringing scales from all e-commerce sites (including, but not limited to
Amazon and Groupon); and (3) remove the “iFit Scales” application from the iTunes
marketplace. A copy of this communication is attached as Exhibit E.
21.
Following Apple’s efforts to contact Camry about ICON’s complaints, on
November 1, 2013, Apple notified ICON that it had removed Camry’s iFIT Scale app from
iTunes. A copy of Apple’s takedown confirmation is attached hereto as Exhibit F.
22.
On December 17, 2013 ICON received a letter dated November 4, 2013 from an
unknown lawyer from the Guangdong Deyuan Law Firm, counsel for Camry. In this letter,
Camry stated that the company, “has never used the trademark ‘iFit’ in U.S.A. and none of the
products in which the said trademark is used has been sold in U.S.A….” The letter goes on to
state that Camry, “didn’t put it online U.S.A. for the announcement of its program ‘iFIT Scale’ in
Apple’s iTunes app store, and didn’t’ sell any product within the scope of U.S.A., thus it will not
constitute the infringement in the trademark right of your company.”
A copy of this
communication is attached as Exhibit G.
23.
On information and belief, Camry’s statements are false and are directly
contradicted by the following evidence that establishes Camry’s continued use of the iFIT
trademarks to market, distribute and sell the Infringing Scales in the United States:
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a.
iTunes App Store
Following Apple’s takedown of Camry’s infringing “iFit Scale” mobile phone
application, Camry renamed its application the “CAMRY scale,” but then launched another
Camry mobile phone application under the name “Okoia IFIT.” Both applications are designed
to interface with a Camry digital scale and are marketed and identified in the Health & Fitness
categories on iTunes, often right next to ICON’s iFIT applications.
Camry’s Okoia IFIT
application infringes ICON’s iFIT trademarks. The Camry mobile phone applications available
for download from iTunes in the United States are shown below:
On January 10, 2014, ICON notified Apple of Camry’s continued infringing use of
ICON’s iFIT trademarks with its Okoia IFIT mobile phone application. A copy of this
correspondence is attached hereto as Exhibit H.
b.
U.S. Internet Sales and Amazon.com
The Infringing Scales are actively being marketed, sold and labeled on the Internet,
including, but not limited to Amazon.com with ICON’s iFIT trademarks, under the following
brand names and distributors: Camry, Starfrit, ifitstore.com, iFits and Atlantic Promotions.
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According to information available through the Amazon.com website, Defendants’ Infringing
Scales have been sold in the United States, including, but not limited to the Commonwealth of
Virginia, the State of Ohio, the State of Georgia and the State of Utah. An Amazon invoice for
the sale of an Infringing Scale sold in this judicial district is attached hereto as Exhibit I. A list
of customer reviews for Defendants’ Infringing Scales from purchasers located in Virginia, Ohio
and Georgia is attached hereto as Exhibit J.
c.
ifitstore.com
Camry also sells and markets another Infringing Scale under the name iFits and
ifitstore.com through Amazon.com. The continued marketing and sales of these products using
ICON’s iFIT trademarks also constitute trademark infringement. Screen captures of the iFits
scales being offered for sale on Amazon.com is attached hereto as Exhibit K.
d.
Camryscalestore.com
Camry also sells and markets for sale Infringing Scales via the interactive website
camryscalestore.com. This interactive e-commerce site permits United States consumers to
create an account, including username and password and an option to receive Camry’s
Newsletter. A screen capture of the camryscalestore’s Create an Account page is attached hereto
as Exhibit L.
e.
www.ifitliving.com
Camry also markets the Infringing Scales through its website ifitliving.com, and
improperly uses ICON’s iFIT trademarks in connection with its iFit digital scale products that
emphasize fitness, health and wellness. An example of Camry’s marketing on its ifitliving.com
website is below:
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“Fit expresses our concerns to our pensonal wellness. It is an on
going issue of our daily life. By means of Camry’s iFit products
series, we wish to pass on the message to our consumers the idea
of ‘Preventive Measure’ & to open a gateway to establish a
mechanism to achieve the goal of leading a ‘Health Life’ & take
charge of ourselves ,as the hard core idea.
iFit, expressing a conceptual endearment --‘I am the best’-Healthwise and products
iFit, is conclusive of 3 ideas of being ‘Digitized’,’Pensonalized’ &
‘Inteligent Infromation’, It encompasses the concept of:
(1)’I’ am being ‘Fit’ at the best condition.
(2) ‘iFit’—a ‘hype’ ,a popular saying transmitting the idea of the
symbol of fitness. A metaphor easy to impress & to catch . A lead
to a series of CAMRY’s health related products.
May the idea and desigens of our iFit be able to fulfill the goal we
set forth. A devoted wish the all users of iFit products can
proundly say :’I am the fittest’ , ‘I am the best’!!!”
A screen capture of the ifitliving.com website is attached hereto as Exhibit M.
f.
Starfrit / Atlantic Promotions, Inc.
Defendants also market and sell the Infringing Scales under the brand name Starfrit.
Upon information and belief, defendant Atlantic Promotions owns, controls or is affiliated with
Starfrit who markets the Infringing Scales as, “iFit by Starfrit.” Atlantic Promotions Starfrit line
is accessible in the United States via its interactive website: www.us.atlanticpromotionsinc.com.
Atlantic Promotions sold an Infringing Scale in this judicial district via their website that
provides United States consumers the abilities to perform e-commerce transactions, establish a
user name and password, and to receive the company’s future email communications regarding
“promotions and special offers from Atlantic Promotions Inc.” A copy of a sales invoice for an
“iFit – Electronic Scale Platform,” purchased directly from Atlantic Promotions’ interactive
website with delivery in this judicial district, is attached hereto as Exhibit N.
24.
Due to Defendants’ continued efforts to advertise, offer for sale, and sell the
Infringing Scales in the United States through various distribution channels with full knowledge
10
of ICON’s trademark rights, actions that are likely causing consumer confusion, ICON seeks an
order from this Court permanently enjoining Defendants from further misconduct. Accordingly,
ICON brings this case for damages and an injunction against Defendants for their on-going and
willful infringement.
FIRST CAUSE OF ACTION
(TRADEMARK INFRINGEMENT—LANHAM ACT §§ 32(1) AND 43(a))
25.
Plaintiff hereby incorporates all of the foregoing allegations as if set forth in full
26.
ICON’s iFIT trademarks are valid and incontestable trademarks enforceable under
herein.
§§ 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114(1), 1125(a).
27.
Defendants have used the iFit trademarks in connection with their advertising and
sales of the infringing iFit scales and mobile phone applications in a manner that is likely to
cause mistake and confusion among the consuming public as to the source, origin, or sponsorship
of the infringing iFit products. Defendants’ actions constitute trademark infringement under §§
32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114(1), 1125(a).
28.
Defendants’ acts of infringement as set forth above have caused and continue to
cause damages and injury to ICON.
29.
ICON is entitled to recover all damages necessary to compensate ICON for the
injuries and damages it has sustained as a result of Defendants’ infringement, including
Defendants’ profits from sales of the infringing iFit products and any other damages sustained by
ICON.
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30.
Because Defendants’ acts are and were intentional, willful, and/or deliberate,
ICON is entitled to an award of treble damages under § 35(a) of the Lanham Act, 15 U.S.C. §
1117(a).
31.
ICON is entitled to an award of pre-judgment interest for damages sustained as a
result of the Defendants’ wrongful conduct.
32.
Defendants’ wrongful, malicious, fraudulent, deliberate, willful, intentional and/or
incredible conduct makes this case an exceptional case, entitling ICON to an award of attorneys’
fees and costs under § 35(a) of the Lanham Act, 15 U.S.C. § 1117(a).
33.
ICON has no adequate remedy at law, has suffered and continues to suffer
irreparable harm as a result of Defendants’ acts, and is therefore entitled to a preliminary and
permanent injunction to enjoin Defendants’ wrongful conduct.
SECOND CAUSE OF ACTION
(UNFAIR COMPETITION—STATE LAW)
34.
35.
In taking the actions set forth above, Defendants has participated in unfair
herein.
competition and unfair business practices.
The actions as alleged above constitute a
misappropriation and infringement of ICON’s rights in the iFIT trademarks and the
accompanying goodwill and reputation associated with the iFIT trademarks and have cause a
material diminution in the value of the iFIT trademarks, trade names, and other related
intellectual property held by ICON. These actions constitute acts of unfair competition in
violation of Utah Code Ann. § 13-5a-101 et seq.
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36.
Defendants’ actions cause a likelihood of confusion among consumers in the
marketplace and therefore constitute unfair competition.
37.
Defendants’ actions have caused irreparable injury to ICON and threaten to
continue cause irreparable injury if not enjoined.
38.
Defendants’ acts of willful and intentional infringement have caused and continue
to cause damages and injury to ICON for which ICON must be compensated. Accordingly,
ICON is entitled to an award of actual and punitive damages from Defendants, as well as
ICON’s attorneys’ fees and costs under Utah Code Ann. § 13-5a-103(1)(b).
THIRD CAUSE OF ACTION
(DECEPTIVE TRADE PRACTICES—STATE LAW)
39.
40.
Defendants, by their actions set forth above, have caused, are causing, and will
herein.
continue to cause a likelihood of confusion or of misunderstanding as to the source, sponsorship,
approval, or certification of its iFit products, including but not limited to the iFit scales and
related mobile application.
41.
By their use of the iFIT trademarks, Defendants represented, represents, and will
continue to represent that their goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or qualities that they do not have, including that their iFit scale and
mobile application are sponsored by or affiliated with ICON’s well-known line of iFit products.
42.
Defendants have thereby engaged in deceptive trade practices, pursuant to, inter
alia, Utah Code Ann. §§ 13-11a-3(1)(b), (c), and (e). Defendants’ deceptive trade practices are
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willful and are in deliberate disregard of ICON’s trademark rights and the rights of the
consuming public to be free from confusion.
43.
Defendants’ deceptive trade practices have damaged ICON and have caused
irreparable harm. Thus, ICON is entitled to injunctive relief and damages, along with an award
of ICON’s attorneys’ fees and costs, under Utah Code Ann. §§ 13-11a-4(2)(a), (b), (c).
FOURTH CAUSE OF ACTION
(UNJUST ENRICHMENT, DISGORGEMENT AND CONSTRUCTIVE TRUST)
44.
45.
ICON is informed and believes that Defendants have generated and enjoyed, or
herein.
will generate and enjoy, substantial profits and goodwill as a result of the wrongful conduct
alleged above. Defendants are aware of the profits and goodwill they have enjoyed as a result of
their use of ICON’s iFIT trademarks.
46.
It would be unjust to allow Defendants to retain the benefits and profits derived
from their wrongful use of ICON’s iFIT trademarks.
47.
As a result of Defendants’ infringement of the iFIT trademarks, and Defendants’
unfair competition, ICON has been damaged, and Defendants have been unjustly enriched. Such
unjust enrichment continues to increase as the profits from Defendants’ wrongful conduct
accumulates.
48.
To the extent of Defendants’ unjust enrichment, ICON is entitled to disgorgement
of all ill-gotten gains and is entitled to the imposition of a constructive trust over all property or
money in Defendants’ control or possession as a result of its wrongful conduct.
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JURY DEMAND
Plaintiff hereby demands that all claims or causes of action raised in this Complaint be
tried by a jury to the fullest extent possible under the United States and Utah Constitutions,
statutes and laws.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this Court:
A.
Preliminarily and permanently enjoin and restrain Defendants, their officers,
directors, principals, agents, servants, employees, successors and assigns, and all those in active
concert or participation with them from making, advertising, using, and/or selling the infringing
iFit products, including the iFit scale and mobile applications, and from using the iFIT
trademarks in connection with the marketing or sale of any exercise or personal health-related
products;
B.
Order Defendants to account for and relinquish to ICON all gains, profits, and
advantages derived by Defendants through their unlawful conduct complained of in this
Complaint;
C.
Order Defendants to pay ICON such damages as it has sustained as a consequence
of Defendants’ wrongful conduct complained of in this Complaint;
D.
Order Defendants to pay ICON treble damages under § 35(a) of the Lanham Act
for Defendants’ deliberate and willful misconduct;
E.
Order Defendants to pay ICON punitive damages for Defendants’ deliberate and
willful misconduct;
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F.
Order Defendants to destroy all labels, signs, prints, packages, wrappers,
receptacles, and advertisements in its possession and shutdown or disable all websites accessible
in the United States bearing the iFIT trademarks pursuant to § 36 of the Lanham Act;
G.
Order Camry to abandon and take down or relinquish, transfer and assign, all
rights and title to ICON the following Internet domain addresses: www.ifitliving.com and
www.ifitstores.com.
H.
Order Defendants to disgorge all ill-gotten gains to the extent of their unjust
enrichment as a result of their wrongful conduct complained of in this Complaint, and impose a
constructive trust upon any or all property and money that is in Defendants’ possession and
control as a result of their wrongful conduct complained of in this Complaint;
I.
Order Defendants to pay ICON’s costs of this action, together with reasonable
attorneys’ fees consistent with § 35(a) of the Lanham Act; and
J.
Award ICON such further relief as the Court may deem just and proper.
Dated: January 13, 2014.
Respectfully submitted,
By: /s/ Mark A. Miller
Mark A. Miller, 9563
mmiller@hollandhart.com
Ginger Utley, 11788
gutley@hollandhart.com
Christopher B. Hadley, 14055
cbhadley@hollandhart.com
H OLLAND & H ART LLP
222 South Main Street, Suite 2200
Salt Lake City, UT 84101
Telephone: (801) 799-5800
Facsimile: (801) 799-5700
Attorneys for Plaintiff
ICON Health & Fitness, Inc.
6479576_3
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Index of Exhibits
Exhibit A
Trademark Registration No. 2,618,509
Exhibit B
Exhibit C
Exhibit D
Trademark Application Serial No. 85-856673
Exhibit E
July 23, 2013 Demand Letter to Camry
Exhibit F
November 1, 2013 Takedown confirmation from Apple
Exhibit G
November 4, 2013 Response Letter from Camry
Exhibit H
January 10, 2014 Takedown request letter to Apple
Exhibit I
Amazon.com Sales Invoice for Camry Scale
Exhibit J
Amazon.com Product Reviews for Defendants’ Infringing Scales
Exhibit K
iFits Product Availability on Amazon.com
Exhibit L
Create an Account web page from Camryscalestore.com
Exhibit M
ifitliving.com web page
Exhibit N
Atlantic Promotions Sales Invoice for an “iFit by Starfrit” Scale
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Case 1:14-cv-00002-BCW Document 2-1 Filed 01/13/14 Page 1 of 1
Exhibit A
Exhibit B
Exhibit C
iFIT
Reg. No. 4,450,213
Registered Dec. 17,2013
Int. Cl.: 41
SERVICE MARK
ICON HEALTH & FITNESS, INC. (DELAWARE CORPORATION)
1500 SOUTH 1000 WEST
LOGAN, UT 84321
FOR: PERSONAL FITNESS TRAINING SERVICES AND CONSULTANCY; PHYSICAL FITNESS INSTRUCTION; PHYSICAL FITNESS TRAINING SERVICES; PROVIDING AN ONLINE COMPUTER DATABASE FEATURING INFORMATION REGARDING EXERCISE AND
FITNESS; PROVIDING INFORMATION IN THE FIELD OF EXERCISE TRAINING, IN CLASS
41 (U.S. CLS. 100, 101 AND 107).
PRINCIPAL REGISTER
FIRST USE 10-1-2012; IN COMMERCE 10-1-2012.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR.
OWNER OF U.S. REG. NOS. 2,466,474 AND 2,618,509.
SER. NO. 85-811,286, FILED 12-27-2012.
TRACY FLETCHER, EXAMINING ATTORNEY
Commissioner for Trademarks of the
United States Patent and Trademark Office
REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*
What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
5th and 6th years after the registration date. See 15 U.s.c. §§1058, 1141k. Ifthe declaration is
accepted, the registration will continue in force for the remainder ofthe ten-year period, calculated
from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and 10th years after the registration date. *
See 15 U.s.c. §1059.
Requirements in Successive Ten-Year Periods*
What and When to File:
You must file a Declaration ofU se (or Excusable Nonuse) and an Application for Renewal between
every 9th and 10th-year period, calculated from the registration date. *
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with
an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations.
See 15 U .S.c. §§ 1058, 1141k. However, owners of international registrations do not file renewal applications
at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U.S. C. § 1141j. For more information and renewal forms for the international registration,
see http://www.wipo.intimadrid/enJ.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www. uspto .gov.
Page: 2 / RN # 4,450,213
Exhibit D
Generated on: This page was generated by TSDR on 2013-06-12 11:51:57 EDT
Mark: IFIT
US Serial Number: 85856673
Application Filing Date: Feb. 21, 2013
Filed as TEAS Plus: Yes
Currently TEAS Plus: No
Register: Principal
Mark Type: Service Mark
Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional
information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on
the Trademark Document Retrieval link at the top of this page.
Status Date: Mar. 21, 2013
Mark Information
Mark Literal Elements: IFIT
Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
Mark Drawing Type: 4 - STANDARD CHARACTER MARK
Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services;
Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of
Asterisks *..* identify additional (new) wording in the goods/services.
For: Application service provider (ASP) featuring software for use with mobile devices, tablets and computers; Application service provider
featuring application programming interface (API) software for mobile devices, tablets and computers
International Class(es): 042 - Primary Class
U.S Class(es): 100, 101
Class Status: PARTIALLY PAID
Basis: 1(a)
First Use: Jun. 04, 2012
Use in Commerce: Jun. 04, 2012
Basis Information (Case Level)
Filed Use: Yes
Currently Use: Yes
Amended Use: No
Filed ITU: No
Currently ITU: No
Amended ITU: No
Filed 44D: No
Currently 44D: No
Amended 44D: No
Filed 44E: No
Currently 44E: No
Amended 44E: No
Filed 66A: No
Currently 66A: No
Filed No Basis: No
Currently No Basis: No
Current Owner(s) Information
Owner Name: ICON Health & Fitness, Inc.
Owner Address: Legal Dept.
1500 South 1000 West
Logan, UTAH 84321
UNITED STATES
Legal Entity Type: CORPORATION
State or Country Where DELAWARE
Organized:
Attorney/Correspondence Information
Attorney of Record
Attorney Name: Richard K. C. Chang II
Docket Number: T025
Attorney Primary Email richard.chang@iconfitness.com
Address:
Attorney Email Yes
Authorized:
Correspondent
Correspondent RICHARD K. C. CHANG II
Exhibit E
Kazuyo Morita
Phone (303) 473-2701
Fax (303) 473-2720
kmorita@hollandhart.com
July 23, 2013
VIA EMAIL AND AIR MAIL [camry@globalsources.com]
Mr. Liu Huanguang
Zhongshan Camry Electronic Co., Ltd.
Baishawan Industrial Park
Qiwan Rd.
Zhongshan, Guangdong
China 528400
Re:
Infringement of iFit Trademark
Mr. Huanguang,
On behalf of our client ICON Health & Fitness, Inc. (“Icon”), we wrote to Apple, Inc.
(“Apple”) on June 12, 2013 regarding your mobile app currently being offered on Apple’s iTunes
store. Enclosed is a copy of our previous correspondence.
Icon is one of the world’s largest and well-known makers of exercise and fitness
equipment. Among other goods and services, Icon’s iFit fitness platform has revolutionized how
fitness services are delivered. Through the iFit platform, users can download and transmit preprogrammed weight loss workouts to iFit enabled or compatible exercise machines. Users can
also use iFit tools (nutrition plans and weight logs) to achieve and maintain a healthy weight.
Since 1995, Icon has invested millions of dollars towards promoting the iFit brand. As a
result of these efforts, the iFit name has become prominent and well-known to all in the exercise
and fitness industry. In recognition of Icon’s well-established rights in the iFit mark, the U.S.
Patent and Trademark Office has issued it two U.S. trademark registrations (Reg. Nos. 2,618,509
and 2,466,474). 1
Icon has learned that in addition to the “iFit scale” mobile app (“Infringing App”), you
are offering for sale bathroom scales under the identical iFit mark (“Infringing Scales”) on
various e-commerce sites, including Amazon.com and Groupon (see screenshots below):
1
Icon is also the owner of two pending applications for iFit (App. Nos. 85/856,673 and 85/811,286).
Holland & Hart LLP Attorneys at Law
Phone (303) 473-2700 Fax (303) 473-2720 www.hollandhart.com
One Boulder Plaza 1800 Broadway Suite 300 Boulder, CO 80302
Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C.
Mr. Liu Huanguang
July 23, 2013
Page 2
Amazon.com
Groupon
Mr. Liu Huanguang
July 23, 2013
Page 3
Your use of the identical iFit mark for weight management products is clearly intended to
capitalize on the fame and goodwill associated with Icon’s iFit brand. In the U.S., there can be
no question that your bathroom scale and Icon’s weight management products and services are
related. In light of this, consumers encountering the Infringing Scales are likely to mistakenly
believe that they are affiliated with, approved by, or produced under license from Icon (or that
the Infringing Scales are equipped with iFit technology), when this is clearly not the case. As
such, your marketing and sale of these products constitute trademark infringement and unfair
competition in violation of federal and state law, as well as of Amazon and Groupon’s Terms of
Use. Icon therefore demands that your company immediately and permanently:
(1)
cease use of the name iFit for all products, including the Infringing App and
Infringing Scales,
(2)
remove product listings for the Infringing Scales from all e-commerce sites
(including, but not limited to Amazon and Groupon), and
(3)
remove the Infringing App from the iTunes marketplace.
Absent confirmation of your compliance with our requests by August 2, 2013, we will be
forced to advise Icon of its legal options, all of which are reserved. Icon has now sent your
company two courtesy notices of your ongoing infringement, and is fully prepared to
aggressively pursue this matter. Should Icon be forced to litigate this matter, there can be no
question that your conduct constitutes willful infringement, meriting a trebling of monetary
damages, as well as an exceptional case entitling Icon to its attorney fees. Although we hope that
this will not be necessary, we remind you of your obligation to retain and preserve any
documents relevant to your production, purchase, or distribution of the Infringing Scales or use
of the iFit mark, as failure to do so could result in severe court sanctions.
I look forward to receiving your written assurances by August 2, 2013. In the meantime,
you or your counsel should feel free to call me to expedite the resolution of this matter.
Sincerely,
Kazuyo Morita
for Holland & Hart LLP
Enclosures
cc: Icon Health & Fitness
6265759_1
Kazuyo Morita
Phone (303) 473-2701
Fax (303) 473-2720
kmorita@hollandhart.com
June 12, 2013
VIA EMAIL AND U.S. MAIL copyrightagent@apple.com
Copyright Agent
Apple Inc.
1 Infinite Loop, MS 3-TM
Cupertino, CA 95014
Re:
Notice of Infringing Conduct on Apple.com
Dear Copyright Agent:
We represent ICON Health & Fitness, Inc. (“Icon”) in intellectual property matters. As you
likely know, Icon is one of the world’s largest manufacturers of exercise and fitness equipment, and
owner of several large brands, including iFit, Reebok, and NordicTrack. For decades, Icon has
invested significant resources to develop a unique identity for its iFit brand line of products and
services (http://www.ifit.com/ ). Icon’s promotional efforts have included commissioning
numerous fitness-related mobile applications under the iFit mark. These apps are currently being
offered through Apple’s online marketplace:
Holland & Hart LLP Attorneys at Law
Phone (303) 473-2700 Fax (303) 473-2720 www.hollandhart.com
One Boulder Plaza 1800 Broadway Suite 300 Boulder, CO 80302
Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C.
Apple Inc.
June 12, 2013
Page 2
As a result of these promotional efforts, the iFit brand has become prominent and well-known to all
in the exercise and fitness industry. In recognition of Icon’s rights in the iFit mark, the U.S. Patent
and Trademark Office has issued it several U.S. trademark registrations (listed under “Representative
List of the Works Infringed”).
It has come to Icon’s attention that through Apple Inc.’s (“Apple”) online marketplace
located at https://itunes.apple.com/us/app/ifit-scale/id556311827?mt=8 (the “Infringing
Website”), a third party, Zhongshan Camry (the “Infringer”) is offering for sale a mobile application
for the iPhone and iPad (the “Infringing App”) under the confusingly similar name iFit Scale. The
Infringer’s prominent use of the identical trademark (in light of the descriptive nature of the term
“scale”) to offer a health and fitness app will undoubtedly lead consumers to believe that the
Infringing App emanates from, is affiliated with, or was produced under license from Icon. A search
of the term “iFit” on iTunes yields the Infringing App and Icon’s official “iFit” apps side by side,
making confusion inevitable:
As such, the Infringer’s conduct directly violates both Apple’s rules for iOS developers and various
applicable laws including the Lanham Act (15 U.S.C. §1125 et seq.).
As a facilitator of the Infringer’s illegal conduct, Apple’s actions constitute contributory
trademark infringement. Moreover, because Apple receives a direct financial benefit from sales of
the Infringing App while also exercising the complete right and ability to control all activity taking
place on its online marketplace, Apple itself is also directly infringing Icon’s intellectual property
rights.
As an active Apple app developer, Icon takes the protection of its intellectual property rights
very seriously, and it cannot tolerate Apple’s and its user’s continued infringement. Therefore, it
demands that Apple immediately remove the Infringing App from the iTunes marketplace. The
following information should be sufficient to allow Apple to identify and remove the Infringing App:
Apple Inc.
June 12, 2013
Page 3
1.
Representative List of the Works Infringed
a. The iFit trademark is the subject of the following trademark registrations and
applications: 2,618,509 / 2,466,474 / 85/856,673 / 85/811,286 (see USPTO printouts,
attached).
2.
Description of the Location of the Infringing Material
a. The Infringing App is displayed at the following link:
https://itunes.apple.com/us/app/ifit-scale/id556311827?mt=8
b. A screenshot of the Infringing Website at which the Infringing App is offered for sale are
included below:
Apple Inc.
June 12, 2013
Page 4
3.
Contact Information for Icon’s Legal Representative
Kazuyo Morita
Holland & Hart, LLP
One Boulder Plaza
1800 Broadway, Suite 300
Boulder, CO 80302
Telephone: 303-473-2701
Fax: 303-473-2720
Email: kmorita@hollandhart.com
4.
Good Faith Statement
I attest, upon information and good faith belief, that Icon. has not authorized the posting and
sale of the Infringing App by Apple or any of its users. The items offered for sale on Apple’s
website constitute trademark infringement and dilution pursuant to Lanham Act, 17 U.S.C. § 1051 et.
seq.
5.
Declaration
The information in this notification is accurate. Under penalty of perjury, I declare that
Holland & Hart LLP is authorized to act on behalf of Icon, the owner of the material which is being
infringed by Apple.
Icon demands that Apple immediately and permanently delete and/or disable all access to the
Infringing App. Please provide us with written confirmation no later than June 22, 2013, that Apple
has complied with these requests. In the absence of our timely receipt of this confirmation, Icon
reserves the right to take any appropriate legal action to protect its invaluable intellectual property
rights.
Sincerely,
Kazuyo Morita
for Holland & Hart LLP
Enclosures
cc: Icon Health & Fitness
6250830_1
Mark: IFIT
Application Filing Date: Feb. 21, 2013
Currently TEAS Plus: No
Register: Principal
Mark Information
Goods and Services
For: Application service provider (ASP) featuring software for use with mobile devices, tablets and computers; Application service provider
featuring application programming interface (API) software for mobile devices, tablets and computers
U.S Class(es): 100, 101
Class Status: PARTIALLY PAID
Basis: 1(a)
First Use: Jun. 04, 2012
Use in Commerce: Jun. 04, 2012
Filed Use: Yes
Currently Use: Yes
Amended Use: No
Filed ITU: No
Currently ITU: No
Amended ITU: No
Filed 44D: No
Currently 44D: No
Amended 44D: No
Filed 44E: No
Currently 44E: No
Amended 44E: No
Filed 66A: No
Currently 66A: No
Filed No Basis: No
Owner Address: Legal Dept.
1500 South 1000 West
Logan, UTAH 84321
UNITED STATES
Organized:
Attorney of Record
Attorney Name: Richard K. C. Chang II
Docket Number: T025
Address:
Attorney Email Yes
Authorized:
Correspondent
Correspondent RICHARD K. C. CHANG II
Mark: IFIT
Application Filing Date: Dec. 27, 2012
Currently TEAS Plus: Yes
Register: Principal
Mark Information
Goods and Services
For: Personal fitness training services and consultancy; Physical fitness instruction; Physical fitness training services; Providing an on-line
computer database featuring information regarding exercise and fitness; Providing information in the field of exercise training
U.S Class(es): 100, 101, 107
Class Status: ACTIVE
Basis: 1(a)
First Use: Oct. 01, 2012
Use in Commerce: Oct. 01, 2012
Filed Use: Yes
Currently Use: Yes
Amended Use: No
Filed ITU: No
Currently ITU: No
Amended ITU: No
Filed 44D: No
Currently 44D: No
Amended 44D: No
Filed 44E: No
Currently 44E: No
Amended 44E: No
Filed 66A: No
Currently 66A: No
Filed No Basis: No
Owner Address: 1500 South 1000 West
Logan, UTAH 84321
UNITED STATES
Organized:
Attorney of Record
Attorney Name: Richard Kin Cheong Chang II
Docket Number: T025
Address:
Attorney Email Yes
Authorized:
Correspondent
Correspondent RICHARD KIN CHEONG CHANG II
Name/Address: 1500 S 1000 W
Exhibit F
Chris Hadley
From:
Sent:
To:
Subject:
App Store Notices <appstorenotices@apple.com>
Friday, November 01, 2013 4:01 PM
RJacques@mgiip.com; Kazuyo Morita
Apple Inc. (our ref# APP23015-B)
Dear Rachel and Kazuyo,
We have removed the app listed below from the U.S. App Store. Please allow some time for our systems to
refresh. We trust that this resolves your concerns.
B. Developer: Zhongshan Camry Electronic Co., Ltd.
Provider: Zhongshan Camry Electronic Company Limited
App Title: iFit scale
Apple ID: 556311827
Sincerely,
Lana
iTunes Legal | Apple | 1 Infinite Loop | Cupertino | CA | 95014 | AppStoreNotices@apple.com
The information in this e-mail and any attachment(s) is intended solely for the personal and confidential use of
the designated recipients. This message may be an attorney-client communication protected by privilege. If
you are not the intended recipient, you may not review, use, copy, forward, or otherwise disseminate this
message. Please notify us of the transmission error by reply e-mail and delete all copies of the message and any
attachment(s) from your systems. The use of the sender's name in this message is not intended as an electronic
signature under any applicable law. Thank you.
Begin forwarded message:
From: App Store Notices <appstorenotices@apple.com>
Subject: Apple Inc. (our ref# APP23015-B)
Date: October 10, 2013 11:58:44 AM PDT
To: joey@camry.com.cn, "will@camry.com.cn" <will@camry.com.cn>
Cc: "RJacques@mgiip.com" <RJacques@mgiip.com>, "KMorita@hollandhart.com"
<KMorita@hollandhart.com>
Bcc: appstorenotices@apple.com
Dear Joey,
**Please include APP23015-B in the subject line of any future correspondence on this matter.**
ICON Health & Fitness, Inc. has advised that this matter is still not resolved. Please contact ICON Health &
Fitness, Inc. immediately regarding this issue. You can reach ICON Health & Fitness, Inc. through: Rachel
1
Jacques (email: RJacques@mgiip.com), or Kazuyo Morita (email: KMorita@hollandhart.com). As you know,
it is your responsibility to resolve this issue directly with ICON Health & Fitness, Inc., and further, that you are
responsible for any liability to Apple in connection with this matter. We look forward to confirmation from you
and ICON Health & Fitness, Inc. that this issue has been resolved. If the matter is not resolved shortly, Apple
may be forced to pull your application(s) from the App Store.
Sincerely,
Lana
From: Kazuyo Morita <KMorita@hollandhart.com>
Subject: RE: Apple Inc. (our ref# APP23015-B)
Date: September 11, 2013 5:05:17 PM PDT
To: App Store Notices <AppStoreNotices@apple.com>, "joey@camry.com.cn" <joey@camry.com.cn>,
"will@camry.com.cn" <will@camry.com.cn>
Cc: "RJacques@mgiip.com" <RJacques@mgiip.com>
Dear Victoria,
We note that we have yet to receive a response from the app developer. Please advise on next steps.
Thank you,
Kazuyo Morita
Kazuyo Morita | Holland & Hart LLP
1800 Broadway Suite 300 | Boulder CO 80302 | kmorita@hollandhart.com | tel: 303.473.2701 | fax: 303.473.2720
CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this
email has been sent to you in error, please reply to the sender that you received the message in error; then
please delete this e-mail. Thank you.
From: App Store Notices [mailto:appstorenotices@apple.com]
Sent: Wednesday, July 31, 2013 2:54 PM
To: joey@camry.com.cn; will@camry.com.cn
Cc: Kazuyo Morita; RJacques@mgiip.com
Dear Joey,
2
ICON Health & Fitness, Inc. has advised that this matter is still not resolved. Please contact ICON Health &
Fitness, Inc. immediately regarding this issue. You can reach ICON Health & Fitness, Inc. through: Rachel
Jacques (email: RJacques@mgiip.com), or Kazuyo Morita (email: KMorita@hollandhart.com). As you know,
it is your responsibility to resolve this issue directly with ICON Health & Fitness, Inc., and further, that you are
responsible for any liability to Apple in connection with this matter. We look forward to confirmation from you
and ICON Health & Fitness, Inc. that this issue has been resolved.
Sincerely,
Victoria
From: Kazuyo Morita <KMorita@hollandhart.com>
Subject: FW: Notice of Infringing Conduct on Apple.com
Date: July 15, 2013 11:37:41 AM PDT
Dear Copyright Agent,
I am writing to follow up on the attached letter, delivered on June 12, 2013. The Infringing App (iFit scale) appears to still be available on iTunes. Could you please confirm receipt of the attached letter, and provide us with your assurances that this app will be removed?
Thank you in advance for your assistance!
Kazuyo Morita | Holland & Hart LLP
CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this
email has been sent to you in error, please reply to the sender that you received the message in error; then
please delete this e-mail. Thank you.
3
From: Sandy Thoele
Subject: Notice of Infringing Conduct on Apple.com
Date: June 12, 2013 9:08:49 AM PDT
Cc: Kazuyo Morita <KMorita@hollandhart.com>
Please see the attached letter. The original follows by U.S. Mail.
Thank you.
4
5
6
7
Date: January 15, 2013 8:58:36 AM PST
To: joey@camry.com.cn
Cc: RJacques@mgiip.com
Hello,
Thank you for confirming that you are communicating directly with each other to resolve this matter. Please
keep us apprised of your progress.
Sincerely,
Lana
Date: December 6, 2012 6:29:19 PM PST
To: "dwright@mgiip.com" <dwright@mgiip.com>, joey@camry.com.cn
Hello,
According to our records, this matter is unresolved at this time. Please update us on the status of your
communications regarding the following app:
Title: iFit scale
Apple ID: 556311827
Sincerely,
Lana
8
From: Rachel Jacques <RJacques@mgiip.com>
Subject: RE: Apple Inc. (our ref# APP23015-B)
Date: January 14, 2013 7:48:03 PM PST
To: App Store Notices <AppStoreNotices@apple.com>
Hi Lana,
We are still in the process of trying to resolve this issue with the developer.
Thanks,
Rachel Jacques
Maschoff Gilmore & Israelsen
rjacques@mgiip.com
-----Original Message----From: App Store Notices [mailto:AppStoreNotices@apple.com]
Sent: Thursday, January 10, 2013 1:43 PM
To: Rachel Jacques; joey@camry.com.cn
Hello,
Title: iFit scale
Apple ID: 556311827
Sincerely,
Lana
iTunes Legal | Apple | 1 Infinite Loop | Cupertino | CA | 95014 | AppStoreNotices@apple.com The
information in this e-mail and any attachment(s) is intended solely for the personal and confidential use of the
9
designated recipients. This message may be an attorney-client communication protected by privilege. If you
are not the intended recipient, you may not review, use, copy, forward, or otherwise disseminate this
PRIVACY: This e-mail may contain information that is privileged or confidential. If you are not the intended
recipient, please delete the e-mail and any attachments and notify the sender immediately, and do not use, copy,
or disclose to anyone any of the contents hereof.
IRS CIRCULAR 230 DISCLOSURE: No statements contained in this communication may be used for the
purpose of avoiding penalties that may be imposed by Federal Tax law or promoting, marketing, or
recommending to another party any transaction or matter referenced herein.
Date: December 6, 2012 6:29:19 PM PST
To: "dwright@mgiip.com" <dwright@mgiip.com>, joey@camry.com.cn
Hello,
Title: iFit scale
Apple ID: 556311827
Sincerely,
Lana
10
From: william <will@camry.com.cn>
Subject: Fw:Fw:Apple Inc. (our ref# APP23015-B)
Date: October 23, 2012 5:30:54 PM PDT
To: AppStoreNotices@apple.com
Cc: JLayton@WNLaw.com
Reply-To: william <will@camry.com.cn>
Hello Jenny,
thanks for your email,
We will discuss your below email with our software engineer and give response to you ASAP, thanks.
Best regards
William Mo
Zhongshan Camry Electronic Co.,Ltd
Baishawan Industrial Park,Qiwan Road (N), Zhongshan, Guangdong, China
Tel: +86-760-88235622 Fax: +86-760-88235600
E-mail: will@camry.com.cn
Website: www.camry.com.cn
--------------- Original Message ---------From: Joey <joey@camry.com.cn>;
To: <will@camry.com.cn>;
Sent: 2012-10-13 08:36
Subject: Fw:Apple Inc. (our ref# APP23015-B)
--------------- Original Message ---------From: mailto:%3Cappstorenotices@apple.com%3E;
To: <joey@camry.com.cn>;
CC: <JLayton@WNLaw.com>;
Sent: 2012-10-13 01:51
Dear Joey,
On 10/11/2012, we received a notice from ICON Health & Fitness, Inc. that ICON Health & Fitness, In
c. believes the app listed below infringes their intellectual property rights. In particular, ICON Health &
Fitness, Inc. believes you are infringing their trademark.
App Title: iFit scale
Apple ID: 556311827
11
You can reach ICON Health & Fitness, Inc. through Jon Layton (email: JLayton@WNLaw.com), copie
d on this email.
We look forward to receiving written assurance that your application does not infringe ICON Health &
Fitness, Inc.'s rights, or that the parties are taking steps to promptly resolve the matter. Please keep us a
pprised of your progress.
Should you choose to remove your application, (for example, while you make any necessary changes) u
se the steps provided below.
Visit iTunes Connect at http://itunesconnect.apple.com/
1) Access your app in the Manage Your Applications module.
2) Click on the "Rights and Pricing" button from the App Summary Page.
3) Click on the "Deselect All" button to uncheck all App Store territories.
4) Click on the "Save Changes" button.
We look forward to receiving confirmation that the matter has been resolved.
Thank you for your immediate attention.
Jenny
The information in this email and any attachment(s) is intended solely for the personal and confidential use of the designated rec
ipients. This message may be an attorneyclient communication protected by privilege. If you are not the intended recipient, you may not review,
use, copy, forward, or otherwise disseminate this message. Please notify us of the transmission error b
y reply email and delete all copies of the message and any attachment(s) from your systems. The use of the send
er's name in this message is not intended as an electronic signature under any applicable law. Thank yo
u.
12
Exhibit G
Exhibit H
Exhibit I
Amazon.com - Order 110-3235272-0005024
Details for Order #110-3235272-0005024
Print this page for your records.
Order Placed: January 8, 2014
Amazon.com order number: 110-3235272-0005024
Order Total: $39.99
Not Yet Shipped
Items Ordered
Price
1 of: CAMRY's Apple MFi authorized iFit bluetooth body scale linking iPhone, iPad, iPod with App for Analyzing BMI, Fitness $39.99
Trends (White)
Condition: New
Sold by: CamryScaleStore ( seller profile)
Shipping Address:
Christopher Hadley
PARK CITY, UT 84098-6562
United States
Shipping Speed:
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Payment information
Payment Method:
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Item(s) Subtotal: $39.99
Shipping & Handling: $14.74
Promotion applied: -$14.74
----Total before tax: $39.99
Estimated tax to be collected: $0.00
----Grand Total: $39.99
Billing address
Christopher B Hadley
Holland & Hart LLP
PO Box 8749
Denver, CO 80201-8749
United States
To view the status of your order, return to Order Summary.
Please note: This is not a VAT invoice.
Conditions of Use | Privacy Notice © 1996- 2014, Amazon.com, Inc. or its affiliates
https://www.amazon.com/gp/css/summary/print.html?ie=UTF8&orderID=110-3235272-0005024#[1/8/2014 4:35:28 PM]
Exhibit J
Amazon.com: Customer Reviews: Apple MFi authorized iFit bluetooth body scale linking APP in iPhone iPad iPod for Analyzing BMI and Fitness Trends (Black)
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Apple MFi authorized iFit bluetooth body scale linking APP in iPhone iPad iPod for Analyzing BMI and
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Apple MFi authorized iFit
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APP in iPhone iPad iPod for
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The most helpful critical review
2 of 2 people found the following review helpful
Works as advertised.
App does not work
The iFit Scale and iPhone app work well together. The
app installed and linked up with the scale with no
problems.
Scale works great but don't buy this if you want to
use it with the app. I was able to store one
measurement then it keeps crashing and erases your
weights.
Published 11 months ago by Lee Wenzler
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Works as advertised., February 4, 2013
By Lee Wenzler (Vinton, VA United States) - See all my reviews
225# Digital Platform Scale
$129.95
+ $14.30 Est. Shipping
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This review is from: CAMRY's Apple MFi authorized iFit bluetooth body scale linking iPhone, iPad, iPod with App
for Analyzing BMI, Fitness Trends (White)
The iFit Scale and iPhone app work well together. The app installed and linked up with the scale with no
problems.
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Very nice, March 29, 2013
By Cynthia (Middlefield, OH United States) - See all my reviews
(2,637)
This review is from: Apple MFi authorized iFit bluetooth body scale linking APP in iPhone iPad iPod for
Analyzing BMI and Fitness Trends (Black)
Buy new: $99.95 $49.95
In Stock
This scale was very easy to set up to the iphone and works very well. It is definitly worth the money.
60beat BLUE Bathroom scale
for iPhone 5, 5S, 5C, 4S most
iPads and other Bluetooth
Smart devices by 60beat
Comment
(14)
App does not work, July 21, 2013
Buy new: $39.99
In Stock
By Richard L Barnes Jr - See all my reviews
WiTscale S200 Bluetooth
Digital Bathroom Scale w/
Large Backlit Display and
Step-On Technology for
iPhone5S, iPhone5C, iPad
mini by WiT
This review is from: Apple MFi authorized iFit bluetooth body scale linking APP in iPhone iPad iPod for
Analyzing BMI and Fitness Trends (Black)
Scale works great but don't buy this if you want to use it with the app. I was able to store one measurement
then it keeps crashing and erases your weights.
(7)
Comment
Buy new: $69.99 $39.99
In Stock
terrible app, May 4, 2013
By hongjie li - See all my reviews
This review is from: CAMRY's Apple MFi authorized iFit bluetooth body scale linking iPhone, iPad, iPod with App
for Analyzing BMI, Fitness Trends (White)
Send us feedback
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you? Let us know here.
The scale looks solid. However, the point of buying the scale is to make it easy to trend the weight. The app
is horribly designed and buggy in many ways. Conveniently, the scale only works with its own app. Without
the good software report, it is only a mediocre standing alone and it makes no sense to pay the premium.So,
http://www.amazon.com/authorized-bluetooth-linking-Analyzing-Fitness/product-reviews/B00A68CUAO/ref=dp_top_cm_cr_acr_txt?showViewpoints=1[1/8/2014 4:09:45 PM]
into the return shipping box it goes! I already got the replacement scale: the wahoo bluetooth scale, and it
works great!
Comment
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Amazon.com: Customer Reviews: iFit by Starfrit 093826 Electronic Bathroom Scale
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The most helpful favorable review
Published 6 months ago by Benjamin J Moses
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iFit by Starfrit 093826
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The most helpful critical review
Exactly as described
Very aesthetically pleasing. This is a very light weight
and modern looking scale. Seems to be very accurate
as well.
Prime
This product
iFit by Starfrit 093826 Electronic Bathroom Scale
9 Reviews
0
Try
Not accurate at all
Weight can fluctuate by 15-- YES, FIFTEEN--pounds
from one day to the next, 7 lbs in 10 minutes. And
it's practically brand-new. This scale is all over the
place. Do not recommend.
Published 3 months ago by Anon. A. Non
› See more 3 star, 2 star, 1 star reviews
Exactly as described, June 18, 2013
By Benjamin J Moses - See all my reviews
This review is from: iFit by Starfrit 093826 Electronic Bathroom Scale (Misc.)
Very aesthetically pleasing. This is a very light weight and modern looking scale. Seems to be very accurate
as well.
Advertisement
Comment
Customers who viewed this item also viewed
Good Scale for the Price, October 17, 2013
Think Tank Technology
KC90107 KCO Group Personal
Glass Scale by Think Tank
Technology
By ap - See all my reviews
(188)
This scale is attractive and accurate, the 2nd time around. The only complaint I have is that it always does
the wrong weight first, and shows you the C to show you it's correcting the weight. The second time you
step on it always goes down, which I like, and that is the accurate weight. So in a way, it's nice because you
weigh less than it tells you originally :)
Buy new: $19.99 $14.29
In Stock
Apple MFi authorized iFit
bluetooth body scale linking
APP in iPhone iPad iPod for
Analyzing BMI and Fitness
Trends (Black) by
CamryScaleStore
Comment
Perfect, August 5, 2013
(4)
By Victor L. Ward "Vix" (Georgia) - See all my reviews
iFit by Starfrit 093831
Electronic Bathroom Scale by
iFit by Starfrit
Love it. It is set to display kilograms by default, but if you open the batter slot you can flip a switch to
dispaly pounds.
Buy new: $19.99
In Stock
Comment
Send us feedback
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you? Let us know here.
Love it!, December 1, 2013
By Susan Knowling - See all my reviews
This is the most accurate scale I have owned. The display is easy to read and the glass top makes it very
cleanable.
Comment
Great scale, August 17, 2013
http://www.amazon.com/iFit-Starfrit-093826-Electronic-Bathroom/product-reviews/B00CPKKD3C/ref=dp_top_cm_cr_acr_txt?showViewpoints=1[1/9/2014 10:14:03 AM]
By Rajesh Jajoo - See all my reviews
Scale is very good looking and you don't have to tap on it just stand on it and it weighs you
Accuracy I am sure all scales wary little bit
Comment
Not accurate at all, October 6, 2013
By Anon. A. Non (US) - See all my reviews
Weight can fluctuate by 15-- YES, FIFTEEN--pounds from one day to the next, 7 lbs in 10 minutes. And it's
practically brand-new. This scale is all over the place. Do not recommend.
Comment
Waste of Money, September 4, 2013
By Angela Hall (CHARLESTON, SC, US) - See all my reviews
Sure it looks great, but doesn't weigh accurately. Weight can vary up to four pounds. I will not buy this
brand again and wish I had returned it sooner!
Comment
BEWARE! Weak glass that shatters after very little use!, November 12, 2013
By Irina Rospotnyuk - See all my reviews
BEWARE! The glass on the digital scale shattered this morning. I weigh around 120 pounds and had stepped
on the scale, then attempted to reposition the scale in its place against the wall in our bathroom and the
glass shattered in thousands of little pieces. We've had this scale for less than 5 months. It was accurate and
working properly but its weak glass and the danger from it shattering in only 5 months time are the reasons
I am only giving one star.
Comment
I must have a dud., August 25, 2013
By Babzee - See all my reviews
I am commenting on the product only not on any vedor. The ratings were good everywhere. Although I had
high hopes for this product, it isn't accurate at all. I bought mine at Canadian Tire. It looked and felt solid.
I step on it using the metal under the glass as a guide, to ensure I am standing in the same position on the
scale. I leave it on the same spot on the floor. I weigh myself 10 times in a row, within seconds, and get 10
different readings, that vary as much as 4-6 lbs! I can't even average out the readings due to
inconsistencies.
I tried moving it to different areas in my house, in case the floor isn't level enough, to no avail. I asked
other family members to try it, same thing. I even watched them to see if they were moving, no.
Comment
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Exhibit K
Amazon.com: iFits Digital Glass Bathroom Scale EB9872: Health & Personal Care
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iFits Digital Glass Bathroom Scale
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$24.99 + Free Shipping
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List Price: $29.99
Price: $24.99
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Capacity: 330 lb (150 kg)
4 precision strain gauge sensors
Auto On: Step on
Tare Function
Low Battery/ Overload indicators
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Get a $10.00 Amazon.com Gift Card instantly
upon approval for the Amazon.com Store Card. See details and restrictions.
Your current subtotal:
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Your cost after savings:
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$ 14.99
Product Description
iFits Bathroom Scale EB9872 is the ideal way to track your weight loss quickly and easily. No fussy dials, buttons or tapping on our digital
scale simply step on, and in seconds you will have an extremely accurate measurement every time. This attractive scale has an extremely
flat 6 mm tempered glass platform with four high-gauge precision sensors. Auto power off design keeps more easy and convenient to use.
Your satisfaction is 100% guaranteed. Features and Specification: · Equipped with 4 high precision strain gauge sensors · 6 mm Tempered
safety glass platform · Capacity: 330 lb (150 kg) · Resolution: 0.2 lb/ 100 g · 1 inch LCD Display · Auto On/Off · Low Battery / Over Load
Indication · Power: 1 x 3V Lithium Cell (CR 2032) · Scale Dimension: 33 x 33 x 3.3 cm · Pack with color gift box
Product Details
Product Dimensions: 13 x 1.3 x 13 inches ; 5 pounds
Shipping Weight: 6 pounds (View shipping rates and policies)
ASIN: B003VW2UD4
Item model number: EB9872
Average Customer Review:
(1 customer review)
Amazon Best Sellers Rank: #452,502 in Health & Personal Care (See Top 100 in Health & Personal Care)
Did we miss any relevant features for this product? Tell us what we missed.
Would you like to give feedback on images or tell us about a lower price?
http://www.amazon.com/iFits-Digital-Glass-Bathroom-EB9872/dp/B003VW2UD4/ref=sr_1_3?s=hpc&ie=UTF8&qid=1389308817&sr=1-3[1/9/2014 4:08:01 PM]
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Most Helpful Customer Reviews
Product Images from Customers
it's just alright
By Amazon Customer on June 18, 2011
Amazon Verified Purchase
This scale is very easy to use and read, at least once you figure out how to set it from kg to lbs
(the switch is under the battery cover). The problem is, it isn't consistent. I get a variation of
anywhere from .2 to 2 lbs. And that is stepping off of it and stepping back onto it right away. It
depends on how you step onto it, and you can work through it, it just has to be somewhere
perfectly level and you have to center yourself on it completely. And strangely, you have to step
Add a
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onto it the same way every time, as in left foot, right foot, if you do the opposite you will get a
different reading. This is a little annoying, especially as you can't be 100% positive even after you
get a consistent reading that it is accurate.
Submit Query
If you are only trying to maintain an average weight within a few pounds this is not a big deal. But
I am dieting and trying to lose 1-2 lbs a week so a variation of 2 lbs makes it difficult for me to
keep track.
Now it is possible that I just got a defective one, but I would still advise spending a little more and
getting a better scale.
Comment
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FAQ
PHILOSOPHY OF iFit
iFit,a series of new products developed by guangdong xiangshan Weighing Apparatus Group LTD in the frontier of pensenal health related
device,built on a platform of IT technology eminently connecting all human activities &our daily life. iFit product series,a carrier entity designed
to bring the idea of’Living quality…starts with obsessed concerns & preventive measure to ones health’ You will have a lot to expect from the
iFit products , to see it become a trend in the modern living.
iFit..a leading trend
Living in the era of digital environment ,immersed in the joy & leisure of
convenicene brought to us by the speed of digital information
,entertainment , working conditions So as our immediate knowledge to our
pensonal health! iFit is your answer leading you towards this direction.
The character ‘I’ infers the more than 30 years of experience and depth of
diligence in domestic weighing device wording hand in hand with the
modern IT technology, enhancing the idea of ‘Living quality starts with
obsessed concerns & preventive measure to one’s health with IT.
iFit, as pensonalized as ever
I referring to an Independent Individual .facing the
tremendous pressure of heavy word load in today’s
modern city life draind both physically and mentally .A
lot more has to be done to maintain a healthy state by
closely monitoring the body conditions. A regular Body
Fat Monitor/Hydration scale can only conduct a simple
gauging & measuring purpose. The information given
by such a device only stays a brief while in user’s
momentary impression. There is no analytical value &
intelligent information associated with such data. The
uncertainty and inability to trace, make such date
losing its value. iFit, designed to cater personalized
need , providing a full solution by building a file of
data base with traceability & of anaiytical value
through the mobile phone app. Making it possible to
bulid a history of changes and thus to project. Where
it is going in the future, and what measure has to be
done to keep things in the right track .what used to be
independent unrelated data suddenly becomes
http://www.ifitliving.com/index.php?option=com_content&view=article&id=57&Itemid=86&lang=en[1/9/2014 6:50:40 PM]
About Us
valuable intelligent information . iFit is the beginning of
a leading head, enabling users to prepare and plan. It
will continue to evolve with more upcoming series of
future upgradeable features for all kinds of versatile
applications.
iFit, with the concerns to your wellness
Fit expresses our concerns to our pensonal wellness. It is an on
going issue of our daily life. By means of Camry’s iFit products
series, we wish to pass on the message
to our consumers the idea of ‘Preventive Measure’ & to open a
gateway to establish a mechanism to achieve the goal of leading
a ‘Health Life’ & take charge of ourselves ,as the hard core idea.
iFit, expressing a conceptual endearment --‘I am the best’-Healthwise and products
iFit, is conclusive of 3 ideas of being ‘Digitized’,’Pensonalized’ &
‘Inteligent Infromation’, It encompasses the concept of:
(1)’I’ am being ‘Fit’ at the best condition.
(2) ‘iFit’—a ‘hype’ ,a popular saying transmitting the idea of the
symbol of fitness. A metaphor easy to impress & to catch . A
lead to a series of CAMRY’s health related products.
May the idea and desigens of our iFit be able to fulfill the goal
we set forth. A devoted wish the all users of iFit products can
proundly say :’I am the fittest’ , ‘I am the best’!!!
About Us
MFI
“Made for iPod”,”Made for iPhone”,”Made for iPad”, mead that IF191BI Bluetooth scale has been designed to connect specifically to
iPod,iPone,or iPad ,respectively,and has been certified by the developer to meet Apple performance standards.
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zhongshan trademark - US China Trade War Blog

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