Hoist Fitness Systems, Inc. (“Hoist”) filed a Complaint against Health In Motion, LLC (“Health In Motion”), Inspire Fitness and Sunset Swings (“Inspire Fitness”), and Does 1-10 (collectively, “Defendants”) on August 31, 2015 in the District Court for the Southern District of California. Incidentally, the Complaint specifies that the fictitious defendants named “Does 1-10” “include, but are not limited to, any subsidiaries, affiliates, and/or parent companies of Health In Motion.”

In its Complaint, Hoist alleges “patent infringement, trade dress infringement, unfair competition, and unjust enrichment with regard to Hoist’s intellectual property rights.”

Hoist asserts the following design patents regarding patent infringement:

• U.S. Patent No. D544,050 (the ‘050 Patent),
• U.S. Patent No. D519,585 (the ‘585 Patent), and
• U.S. Patent No. D455,310 (the ‘310 Patent).

The Complaint includes several products developed from Hoist’s design patents, images from the design patents, and the allegedly infringing products, as follows:

Hoist Product	Hoist Patent	Defendants' Product
Hoist "Fitness Tree" - Model No. HF-4962	Fig. 1 of '050 Patent	VKR Chin/Dip Station
Hoist Folding Bench - Model HF-4145	Figs. 1 and 9 of '585 Patent	Folding Bench FLB-1
Hoist "Dumbbell  Rack" - Model No. HF-4460	Fig. 2 of '310 Patent	Dumbbell Rack - VDB8

 

The trade dress infringement and unfair competition claims are related to the Hoist Squat Rack, Hoist Incline/Decline Bench, and Hoist Roman Hype.  Specifically, Hoist argues with respect to the trade dress infringement claim that the Defendants have used, and continue to use, the Hoist Squat Rack, Incline/Decline Bench, and Roman Hype products without Hoist’s consent “in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the Defendants’ products.”  Regarding the unfair competition claim, Hoist alleges that the Defendants’ acts are unlawful, fraudulent, unfair, misleading and likely to deceive the public. 

Special thanks to Ms. Clothilde Lucius for contributing to this post.