`
`Case 1:10-cv-00212-DN Document 3
`
`Filed 12/20/10 Page 1 of1
`
`Mail Stop 8
`Director of Patents and Trademarks
`PO BOX 1450
`Alexandria VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § I116, you are hereby advised that a court action
`
`has been filed in the U.S. District Court for the District of Utah on the following
`E Trademarks or
`'1 Patents ( D the patent action involves 35 U.S.C. § 292.):
`DATE FILED
`US DISTRICT COURT
`
`DOCKET NO,
`
`1:10-cv-00212-DN December 17, 2010
`
`District of Utah
`
`PLAINTIFF
`
`350 South Main Street, Room 150, Salt Lake City, UT 84101
`DEFENDANT
`
`ICON Health & Fitness, Inc.
`
`Super Art Software
`Leo Liu, a/ltla Leo York
`
`TRADEMARK no.
`PATENTOR
`
`TRADEMARK
`DATE OF PATENTOR
`
`D
`HOLDER OF PATENT OR TBA EMARK
`
`1 See Complaint
`
`See Complaint
`
`See Complaint
`
`D ISTRIHUTION :
`
`1) Upon initiation ofaclion
`mail copy to Director
`
`2) Upon tiling ofdocumcnt adding patcnI[s).
`mail copy to Director
`
`3) Upon termination ofnction .
`mail capy to D”-gctgp
`
`
`
`Case 1:10—cv-00212-DN Document 2
`
`Filed 12/17/10 Page 4 of 17
`
`FACTUAL BACKGROUND
`
`17.
`
`ICON is an award-winning innovator in the field of exercise equipment and
`
`markets and sells a variety of consumer products.
`
`18.
`
`ICON came to its position of technological leadership through hard work and
`
`substantial investment in research and development. As a result of its endeavors, many of the
`
`technological innovations created and owned by ICON are protected by a valuable and diverse
`
`intellectual property portfolio that includes patents, trademarks, trade dress, and copyrights.
`
`l9.
`
`Several of ICON’s successful innovations have been in the design and
`
`development of treadmills, elliptical machines, exercise bikes, strength training equipment, and
`
`other fitness—related equipment, devices, and services that ICON markets in connection with the
`
`trademarks “I FIT” or “IFIT.COM.”
`
`20.
`
`ICON owns several federally registered trademarks including: United States
`
`Trademark Registration No. 2,466,474 (‘‘’474 Registration”), for the mark “IFITCOM,” and
`
`United States Trademark Registration No. 2,618,509 (‘"509 Registration”), for the mark “I FIT.”
`
`These trademarks are hereafter referred to collectively as the “IFIT Trademarks.”
`
`21.
`
`22.
`
`ICON’s ’474 Registration and ’509 Registration are incontestable marks.
`
`ICON has developed recognition and goodwill for the products sold under the
`
`IFIT Trademarks, among both ICON’s immediate customers and the consuming public,
`
`generally.
`
`23.
`
`As a result of, inter alia, ICON’s substantial investment in the IFIT Trademarks
`
`and the products marketed under those trademarks, the consuming public recognizes the IFIT
`
`Trademarks and associates products with those marks with a single source, namely ICON.
`
`COMPLAINT
`
`Page -4-
`
`
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