`
`A0 I20 Rev 08/IO
`
`T0:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Oflice
`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 I5 U.S.C. § II I6 you are hereby advised that a court action has been
`filed in the U.S. District Court
`Southern District of Florida
`on the following
`I] Trademarks or
`[1 Patents.
`( D the patent action invoilyes 35 U.S.C. § 292.):
`DCKET NO.
`DAT FIL D
`U.S. DISTRICT COURT
`I -
`o‘ 0-610" 4
`0 No
`'-
`Southern District of Florida
`PLAINTIFF
`
`DEFENDANT
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`‘
`HOLDER OF PATENT OR TRADEMARK
`
`‘/F +lbldo':~§$'J7ho
`
`9+4‘
`
`In the above—-entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`TR:’1§;'§A'f\r&RNO
`
`D Amendment
`%’;:TER‘:FD';’:4Tf§]:
`
`p"
`
`‘
`'
`[:1 Answer
`1:] ‘ Cross Bill
`D Other Pleading
`HOLDER or PATENT OR TRADEMARK
`
`——
`
`——
`
`In the above—entit|ed case. the following decision has been rendered orjudgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Steven M. Larimore
`
`J.Conway
`
`3/21/2011
`
`Copy I--llpon initiation of action. mail this copy to Director Copy 3—Upon termination of action. mail this copy to Director
`Copy 2—lIpon tiling document adding patent(s), mail this copy to Director Copy 4——Case file copy
`
`
`
`Case 1:11-cv-20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 1 of 13
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
`
`ICON HEALTH & FITNESS, INC., a
`Delaware corporation,
`
`Civil Action No.
`
`v.
`
`Plaintiff,
`
`YF HOLDINGS, INC., a Florida corporation;
`YOU FIT, INC., 21 Florida corporation,
`
`Defendants.
`
`COMPLAINT
`
`Jury Demanded
`lnjunctive Relief Sought
`
`Plaintiff ICON HEALTH & FITNESS, INC. (“ICON” or “Plaintiff") hereby complains
`
`against defendants YF HOLDINGS, INC. (“YF Holdings”) and YOU FIT, INC. (“You Fit”)
`
`[collectively, “Defendants”] for the causes of action alleged as follows:
`
`THE PARTIES
`
`l.
`
`ICON is a corporation duly organized and existing under the laws of the State of
`
`Delaware, with its principal place of business located at I500 South 1000 West, Logan, Utah
`
`84321.
`
`2.
`
`ICON alleges on information and beliefthat defendant YF Holdings is a Florida
`
`Corporation with its principal place of business located at 5210 l“ Avenue North, St. Petersburg,
`
`Florida 33710.
`
`3.
`
`ICON alleges on information and belief that Defendant You Fit is a Florida
`
`Corporation with its principal place of business located at 6161 9"‘ Avenue North, St. Petersburg,
`
`Florida 33710.
`
`4M3o33233;nM303323 3;lPage -1-
`
`
`
`Case 1:11-Cv-20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 2 of 13
`
`JURISDICTION AND VENUE
`
`4.
`
`This is a civil action for trademark infringement under Sections 32 and 43 ofthe
`
`Lanham Act, Title 15 U.S.C. §§11l4 and ll25(a).
`
`5.
`
`This is also a civil action for cancellation of an existing trademark under Section
`
`37 ofthe Lanham Act, Title 15 U.S.C. §11l9.
`
`6.
`
`This is also a civil action for denial of a pending trademark application under
`
`Section 37 ofthe Lanham Act, Title 15 U.S.C. §1ll9.
`
`7.
`
`This is also a civil action for state deceptive and unfair trade practices under
`
`Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. §S0l .201, et seq. (“FDUTPA”).
`
`8.
`
`This court has original jurisdiction over the subject matter of this action pursuant
`
`to 28 U.S.C. §l33l, 28 U.S.C. §l338(a), and 15 U.S.C. §l12l. This Court has related claim
`
`jurisdiction over state law claims pursuant to 28 U.S.C. §1338(b) and 28 U.S.C. §l367.
`
`9.
`
`ICON further alleges on information and belief that Defendants have offered for
`
`sale their infringing services within the State of Florida, to ICON’s injury, which relates to the
`
`claims asserted by ICON, and out of which ICON’s claims, in part, arise.
`
`10.
`
`On information and belief, Defendants have marketed, advertised, and made their
`
`infringing services available through www.voufithealthclubs.com which is available nationally
`
`including in the State of Florida.
`
`1 1.
`
`This Coutt’s exercise of personal jurisdiction over Defendants is consistent with
`
`the Constitutions of the United States and the State of Florida. Moreover, this Court has personal
`
`jurisdiction over Defendants at least pursuant to Fla. Stat. §48.l93(l) and (2), inasmuch as
`
`(M3033233-.1iM3033233;1Page -2-
`
`
`
`Case 1:11—ov—20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 3 of 13
`
`Defendants conduct business within the State of Florida and are engaged in substantial and not
`
`isolated activity within the State of Florida.
`
`12.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C.
`
`§§139l(b)(1)-(3)-
`
`FACTUAL BACKGROUND
`
`I3.
`
`ICON is an award-winning innovator in the field of exercise equipment and
`
`markets and sells a variety of consumer products.
`
`14.
`
`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.
`
`15.
`
`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 associated exercise and personal training services
`
`that ICON markets in connection with the trademarks I FIT and/or IFIT.COM.
`
`16.
`
`ICON owns several federally registered trademarks including: United States
`
`Trademark Registration No. 2,618,509 (“’509 Registration”), for the mark I FIT, and United
`
`States Trademark Registration No. 2,466,474 (“’474 Registration”), for the mark IFIT.COM.
`
`These trademarks are hereafter referred to collectively as the “IFIT Trademarks.”
`
`17.
`
`The IF IT Trademarks are incontestable; which incontestability is conclusive
`
`evidence of the validity of the marks and registrations and of ICON’s ownership of and exclusive
`
`(M3o33233;i}M3033233;lPage -3-
`
`
`
`Case 1:11-cv—20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 4 of 13
`
`right to use the marks in connection with the services set forth. The registrations also provide
`
`constructive notice of ICON’s ownership of the marks.
`
`18.
`
`ICON has developed recognition and goodwill for the products and services sold
`
`under the IFIT Trademarks, among both ICON’s immediate customers and the consuming
`
`public, generally.
`
`19.
`
`As a result of, inter alia, ICON’s substantial investment in the IFIT Trademarks
`
`and the products and services marketed under those trademarks, the consuming public recognizes
`
`the IFIT Trademarks and associates products with those marks with a single source, namely
`
`ICON.
`
`20.
`
`On information and belief, Defendants sell, offer for sale, advertise, and market
`
`exercise and personal training services under the marks “YOUFIT,” “YF YouFit HEALTH
`
`CLUBS,” and “YouFit HEALTH CLUBS” (collectively “offending marks").
`
`21.
`
`On information and belief, Defendants sell and offer for sale within the United
`
`States exercise and personal training services that compete with ICON, including at least through
`
`their Youfit Health Clubs and its website, wwwyoufithca1thclubs.c0m.
`
`22.
`
`Upon information and belief, Defendants have used the offending marks to
`
`promote and sell their exercise and personal training services throughout the United States
`
`including within Florida and Arizona.
`
`23.
`
`ICON offers exercise and personal training services in connection with ICON’s
`
`IFIT Trademarks.
`
`24.
`
`The offending marks, as used by Defendants, are confusingly similar to the lFlT
`
`Trademarks.
`
`{M3o33233-,1}M3033233;lPage -4-
`
`
`
`Case 1:11-cv-20920—AJ Document 1
`
`Entered on FLSD Docket 03/ 16/2011 Page 5 of 13
`
`25.
`
`Defendants’ use of the offending marks in their advertising constitutes use in
`
`commerce of a colorable imitation of the IFIT Trademarks.
`
`26.
`
`Upon information and belief, the offending marks and the IFIT Trademarks are
`
`similar in sight and sound. Defendants’ use of the offending marks in connection with exercise
`
`and personal training services is deceptively and confusingly similar to the IFIT Trademarks that
`
`ICON uses to market its exercise and personal training services.
`
`27.
`
`Upon information and belief, Defendants offer exercise and personal training
`
`services marked with the offending marks that have been, and will continue to be, distributed and
`
`sold in the same types of retail outlets and to the same classes of customers as ICON’s goods and
`
`services sold under the IFIT Trademarks.
`
`28.
`
`Defendants’ use of the offending marks is likely to cause confusion, mistake, or
`
`deception in the minds of the public as to the source of Defendants’ services and/or their
`
`affiliation with ICON.
`
`29.
`
`Upon information and belief, Defendants have had notice of the IFIT Trademarks
`
`at least as early as October 13, 2010.
`
`30.
`
`On October 13, 2010, ICON opposed, before the Trademark Trial and Appeals
`
`Board (“TTAB”), Defendant YF Holdings’ pending registration for the YOUFIT mark.
`
`31.
`
`Upon information and belief, Defendants adopted the offending marks in a
`
`deliberate attempt to trade off the good will and notoriety associated with ICON’s IFIT
`
`Trademarks.
`
`32.
`
`Defendants’ trademark infringement constitutes a willful violation of ICON’s
`
`trademark rights.
`
`{M3o33233~,1}M3033233;lPage -5-
`
`
`
`Case 1:11-cv—20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 6 of 13
`
`FIRST CAUSE OF ACTION
`
`Federal Trademark Infringement, 15 U.S.C. §l 1 14
`
`33.
`
`By this reference ICON realleges and incorporates the foregoing paragraphs 1
`
`through 32, as though fully set forth herein.
`
`34.
`
`Defendants’ use of the offending marks is likely to cause confusion, mistake or
`
`deception as to the source, origin, affiliation, connection, or association of Defendants’ products
`
`with ICON, or as to the approval of Defendants’ products by ICON, and thus constitutes
`
`infringement ofthe IFIT Trademarks in violation of Section 32 ofthe Lanham Act, 15 U.S.C.
`
`§l 1 14.
`
`35.
`
`Upon information and belief, Defendants’ infringement ofthe IFIT Trademarks
`
`has taken place with full knowledge of ICON’s incontestable marks, and, therefore, has been
`
`intentional, deliberate and willful.
`
`36.
`
`37.
`
`Defendants have only used the YOUFIT mark since February 19, 2008.
`
`Defendants have only used the YF YouFit HEALTH CLUBS and YouFit
`
`HEALTH CLUBS marks since July 1 1, 2008.
`
`38.
`
`39.
`
`Plaintiff has used the IFIT Trademarks since at least as early as February I, 1999.
`
`Defendants will, if not enjoined by this Court, continue their acts of trademark
`
`infringement set forth above, which have caused and will continue to cause Plaintiff immediate
`
`and irreparable harm.
`
`40.
`
`Plaintiff has no adequate remedy at law for the damage to its reputation and
`
`goodwill and will continue to be irreparably damaged unless Defendants are permanently
`
`enjoined, pursuant to 15 U.S.C. §1116, from their infringing and improper conduct.
`
`(M3o33233;1}M3033233;1Page -6-
`
`
`
`Case 1:11—cv—20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 7 of 13
`
`41.
`
`Defendants’ violation of 15 U.S.C. §1114 has caused, and is causing, Plaintiff
`
`damage in an amount to be established at trial, including Defendants’ profits and Plaintiff’ s lost
`
`profits.
`
`42.
`
`Pursuant to Section 35 of the Lanham Act, 15 U.S.C. §l 1 17, Plaintiff is entitled to
`
`a judgment for damages not to exceed three times the amount of its actual damages, together
`
`with interest thereon, in an amount to be determined at trial.
`
`SECOND CAUSE OF ACTION
`
`False Designation of Origin, 15 U.S.C. §1125(a)
`
`43.
`
`By this reference ICON realleges and incorporates the foregoing paragraphs 1
`
`through 32, as though fully set forth herein.
`
`44.
`
`Defendants’ use of the offending marks is likely to cause confusion, mistake, or
`
`deception as to the source, origin, affiliation, connection or association of Defendants’ products
`
`with ICON, or as to the approval of Defendants’ products by ICON, and thus constitutes
`
`trademark infringement, false designation of origin, and unfair competition with respect to the
`
`IFIT Trademarks in violation of Section 43(a) ofthe Lanham Act, 15 U.S.C. §l l25(a).
`
`45.
`
`Upon information and belief, Defendants’ actions have taken place with full
`
`knowledge of the IFIT Trademarks and therefore have been intentional, deliberate and willful.
`
`46.
`
`47.
`
`Defendants have only used the YOUFIT mark since February 19, 2008.
`
`Defendants have only used the YF YouFit HEALTH CLUBS and YouF it
`
`HEALTH CLUBS marks since July 11, 2008.
`
`48.
`
`Plaintiff has used the IFIT Trademarks since February 1, 1999.
`
`{M3o33233-,1}M3033233;1Page -7-
`
`
`
`Case 1:11—cv-20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 8 of 13
`
`49.
`
`Defendants will, if not enjoined by this Court, continue their acts of trademark
`
`infiingement set forth above, which have caused and will continue to cause Plaintiff immediate
`
`and irreparable harm.
`
`50.
`
`Plaintiff has no adequate remedy at law for the damage to its reputation and
`
`goodwill and will continue to be irreparably damaged unless Defendants are permanently
`
`enjoined fi'om their infringing and improper conduct.
`
`5].
`
`Defendants’ violation of 15 U.S.C. §l l25(a) has caused Plaintiff damage in an
`
`amount to be established at trial, including Defendants’ profits and Plaintiffs lost profits.
`
`52.
`
`Pursuant to Section 35 ofthe Lanham Act, 15 U.S.C. §l 117, Plaintiffis entitled to
`
`a judgment for damages not to exceed three times the amount of its actual damages, together
`
`with interest thereon, in an amount to be determined at trial.
`
`THIRD CAUSE OF ACTION
`
`Denial of United States Trademark Application Serial No. 85,005,249, 15 U.S.C. §ll19
`
`53.
`
`By this reference ICON realleges and incorporates the foregoing paragraphs 1
`
`through 32, as though fully set forth herein.
`
`54.
`
`On April 2, 2010, Defendant YF Holdings filed United States Trademark
`
`Application Serial No. 85,005,249 for the Trademark YOUFIT for use with “health club
`
`services, namely, providing instruction, facilities, and equipment in the field of physical
`
`exercise” in International Class 41 (“the ‘249 Application”).
`
`55.
`
`The Director of the United States Patent and Trademark Office should not register
`
`the ‘249 Application.
`
`56.
`
`The ‘249 Application causes a likelihood of confusion with lCON’s IFIT
`
`Trademarks.
`
`(M3o33233-,1>M3033233;1Page -8-
`
`
`
`Case 1:11-cv—20920—AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 9 of 13
`
`57.
`
`Under 15 U.S.C. §l I 19, this Court has the power and authority to direct the
`
`Director of the United States Patent and Trademark Office to deny registration of the ‘249
`
`Application.
`
`58.
`
`ICON seeks an order under 15 U.S.C. §l 119 directing the Director of the United
`
`States Patent and Trademark Office to deny registration of the ‘249 Application.
`
`Cancellation of United States Trademark Registration No. 3,683,711, 15 U.S.C. §l119
`
`FOURTH CAUSE OF ACTION
`
`59.
`
`By this reference ICON realleges and incorporates the foregoing paragraphs 1
`
`through 32, as though fully set forth herein.
`
`60.
`
`On September 15, 2009 the United States Patent and Trademark Office issued
`
`United States Trademark Registration No. 3,683,711 for the Trademark/Service Mark YF YouFit
`
`HEALTH CLUBS for use with, inter alia, “gymnasium services; providing exercise and fitness
`
`facilities; providing instruction in exercise and fitness” in International Class 41 (“the ‘7l1
`
`Registration”).
`
`61.
`
`The ‘7ll Registration should not have issued.
`
`62.
`
`The ‘71l Registration causes a likelihood of confusion with lCON’s IFIT
`
`Trademarks.
`
`63.
`
`Under 15 U.S.C. §l 119, this Court has the power and authority to direct the
`
`Director of the United States Patent and Trademark Office to cancel the 711 Registration.
`
`64.
`
`ICON seeks an order under 15 U.S.C. §1l I9 directing the Director ofthe United
`
`States Patent and Trademark Office to cancel the ‘7l 1 Registration.
`
`2;M3o33233;1}M3033233;lPage -9-
`
`
`
`Case 1:11-cv-20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 10 of 13
`
`State Deceptive and Unfair Trade Practices Under Fla. Stat. §501.201, et seq.
`
`FIFTH CAUSE OF ACTION
`
`65.
`
`By this reference ICON realleges and incorporates the foregoing paragraphs I
`
`through 32, as though fully set forth herein.
`
`66.
`
`Plaintiff has suffered, and continues to suffer, actual injury in fact due to the
`
`deliberate acts of infringement by Defendants without regard to Plaintiffs legal, contractual, and
`
`exclusive proprietary rights.
`
`67.
`
`Defendants’ knowing acts and practices as detailed above constitute acts of
`
`unlawful, unfair or deceptive business acts and practices that have a substantial likelihood of
`
`consumer confusion within the meaning of FDUTPA.
`
`68.
`
`Pursuant to FDUTPA, Plaintiff seeks an order from this Court prohibiting
`
`Defendants from engaging or continuing to engage in the unlawful, unfair, or deceptive business
`
`acts or practices set forth in this Complaint.
`
`69.
`
`Also pursuant to Florida’s Deceptive and Unfair Trade Practices Act §50l.21l,
`
`Plaintiff is entitled to its actual damages, including Defendants’ profits and Plaintiff‘ s lost
`
`profits.
`
`70.
`
`Plaintiff further requests a court order that a constructive trust be imposed over all
`
`monies in Defendants’ possession which rightfully belong to Plaintiff.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, ICON respectfully requests that this Court enter an Order granting the
`
`following relief:
`
`A.
`
`For judgment that Defendants’ conduct infringes lCON’s ‘S09 and ‘474
`
`Registrations;
`
`{M3o33233,1}M3033233;lPage -10-
`
`
`
`Case 1:11-cv-20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 11 of 13 4
`
`B.
`
`Permanently enjoining Defendants, their principals, agents, and servants, and any
`
`and all parties acting in concert with any ofthem, from directly or indirectly infringing in any
`
`manner ICON’s ’509 Registration and ’474 Registration in connection with services or
`
`otherwise, including the infringing exercise and personal training services, pursuant to at least
`
`Section 34(a) of the Lanham Act, 15 U.S.C. §1116(a);
`
`C.
`
`Permanently enjoining Defendants, their agents and servants, and any and all
`
`parties acting in concert with any of them, from marketing, advertising, promoting, offering for
`
`sale, selling, or distributing services under the offending marks, including the infringing exercise
`
`and personal training services and devices pursuant to at least Section 34(a) of the Lanham Act,
`
`15 U.S.C. §1116(a);
`
`D.
`
`Permanently enjoining Defendants, their agents and servants, and any and all
`
`parties acting in concert with any of them, from engaging in deceptive trade practices, pursuant
`
`to at least Section 34(a) ofthe Lanham Act, 15 U.S.C. §1l l6(a), and Florida’s Deceptive and
`
`Unfair Trade Practices Act, Fla. Stat. §50l .201, et seq.;
`
`E.
`
`Ordering the Director of the United States Patent and Trademark Office to order
`
`that Defendants are not entitled to any trademark registrations for the YOUFIT mark and any
`
`word, words, phrases, symbols, logos, or any combination of words or symbols that would create
`
`a likelihood of confusion, mistake, and/or deception with ICON’s 1FlT Trademarks, including,
`
`without limitation, Defendant YF Holdings’ Trademark Application Serial Numbers 85,005,249;
`
`F.
`
`Ordering the Director of the United States Patent and Trademark Office to cancel
`
`U.S. Trademark/Service Mark Registration No. 3,683,711 for YF Youfit HEALTH CLUBS;
`
`{M3033233;i}M3033233;1Page -11-
`
`
`
`Case 1211-cv-20920-AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 12 of 13
`
`G.
`
`For destruction of the infringing articles in Defendants’ possession under 15
`
`U.S.C. §11]8;
`
`H.
`
`For damages in an amount to be proven at trial for trademark infringement under
`
`I5 U.S.C. §1ll4;
`
`I.
`
`For damages in an amount to be proven at trial for false designation of origin
`
`under I5 U.S.C. §1l25(a);
`
`J.
`
`For restitution in an amount to be proven at trial for unfair, fraudulent and illegal
`
`business practices under Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. §50l.20l,
`
`et seq.;
`
`K.
`
`L.
`
`For disgorgement of Defendants’ profits under 15 U.S.C. §1l17(a);
`
`An award of three times Defendants’ profits or ICON’s damages, whichever is
`
`greater, pursuant to at least Section 35(b) of the Lanham Act, 15 U.S.C. §1117(b);
`
`M.
`
`An award of ICON’s damages and Defendants’ profits, in an amount to be proven
`
`at trial, pursuant to Fla. Stat. §501.2l 1;
`
`N.
`
`An award of ICON’s attorney’s fees and costs in bringing this action, pursuant to
`
`Section 35(a) ofthe Lanham Act, 15 U.S.C. §1ll7(a), and Fla. Stat. §50l.2l05;
`
`0.
`
`An imposition of a constructive trust on, and an order requiring a full accounting
`
`of, the sales made by Defendants as a result of its wrongful or infringing acts alleged herein;
`
`P.
`
`Prejudgment interest, pursuant to at least Section 35(b) of the Lanham Act, 15
`
`U.S.C. §11l7(b);
`
`Q.
`
`R.
`
`Post—judgment interest, pursuant to at least 28 U.S.C. §l96l(a); and
`
`For such other and further relief as the Court deems just and equitable.
`
`{M30332}:-,1)M3033233;lPage -12-
`
`
`
`Case 1:11-cv—20920—AJ Document 1
`
`Entered on FLSD Docket 03/16/2011 Page 13 of 13
`
`DEMAND FOR JURY TRIAL
`
`ICON demands trial by jury on all claims and issues so triable.
`
`Dated: March 16, 2011
`
`Respectfully submitted,
`
`AKERMAN SENTERFITT
`Attorneys for Plaintiff ICON HEALTH & FITNESS, INC.
`Suite 2500
`Sun Trust International Center
`One Southeast Third Avenue
`
`Miami, Florida 33131-1714
`Telephone:
`(305)374-5600
`Facsimile:
`(305) 374-5095
`Email:
`James.Mil1er@Akerman.com
`Email:
`Ryan.Roman@Akerman.com
`
`By:
`
`s/Ryan Roman
`James M. Miller
`Florida Bar No. 0201308
`
`Ryan Roman
`Florida Bar No. 0025509
`
`OF COUNSEL:
`
`David R. Wright*
`David P. Johnson*
`WORKMAN NYDEGGER
`
`60 East South Temple, Suite 1000
`Salt Lake City, Utah 84111
`Telephone: (801) 533-9800
`Facsimile: (801) 328-1707
`*Pro Hac Vice Application To Be Filed
`
`(M3o33233,1)M3033233;lPage -13-
`
`
`
`Case 1:11—cv-20920-AJ Document 1-1
`A0 440 (Rev. 02/09) Summons in a Civil Action
`
`Entered on FLSD Docket 03/16/2011 Page 1 of 2
`
`UNITED STATES DISTRICT COURT
`
`for the
`Southern District of Florida
`
`MIAMI DIVISION
`
`CASE NO.
`
`ICON HEALTH & FITNESS, INC.,
`
`Plaintiff,
`
`v.
`
`YF HOLDINGS, INC. and
`
`YOU FIT, INC.
`
`Defendants.
`
`SUMMONS IN A CIVIL ACTION
`
`To:
`
`YF HOLDINGS, INC., c/o Christy Berks-Stross, Registered Agent
`5210 lst Avenue North, St. Petersburg, Florida 33710
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached Complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose
`name and address is: James M. Miller, Esquire, AKERMAN SENTERFITT, One S.E. Third Avenue, 25"‘ Floor, Miami,
`FL 33131-1714, Tel: 305-374-5600/Fax: 305-374-5095
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`CLERK OF COURT
`
`Signature ofClerk or Deputy Clerk
`
`
`
`Case 1:11-cv—20920-AJ Document 1-1
`
`Entered on FLSD Docket 03/16/2011 Page 2 of 2
`
`AC) 440 (Rev. 02/09) Summons in a Civil Action (Page 2)
`
`Civil Action No.
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 4(1))
`
`PROOF OF SERVICE
`
`This summons for {name ofindividual and title, ifany)
`
`was received by me on (date)
`
`C] I personally sewed the summons on the individual at (place)
`on (date)
`
`C] I left the summons at the individual’s residence or usual place of abode with (name)
`, a person of suitable age and discretion who resides there,
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`E] I served the summons on (name of individual)
`
`designated by law to accept service of process on behalf of (name oforganization)
`(date)
`; or
`
`E] I returned the summons unexecuted because
`
`; or
`
`D Other (specify) :
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`I declare under penalty of perjury that this information is true.
`
`Server is signature
`
`Printed name and title
`
`Server ‘s address
`
`Additional infonnation regarding attempted service, etc:
`
`
`
`Case 1:11-cv-20920—AJ Document 1-2 Entered on FLSD Docket 03/16/2011 Page 1 of2
`
`A0 440 (Rev. 02/09) Summons in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`Southern District of Florida
`MIAMI DIVISION
`
`CASE NO.
`
`ICON HEALTH & FITNESS, INC.,
`
`Plaintiff,
`
`V.
`
`YF HOLDINGS, INC. and
`YOU FIT, INC.
`
`Defendants.
`
`SUMMONS IN A CIVIL ACTION
`
`To:
`
`YOU FIT, lNC., c/o Christy S. Stross-Berks, Registered Agent
`150 Second Avenue North, Suite 1700, St. Petersburg, Florida 33701
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) —- or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) —— you must serve on the plaintiff an answer to the attached Complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose
`name and address is: James M. Miller, Esquire, AKERMAN SENTERFITT, One S.E. Third Avenue, 25”‘ Floor, Miami,
`FL 33131-1714, Tel: 305-374-5600/Fax: 305-374-5095
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`CLERK OF COURT
`
`Signature ofClerk or Deputy Clerk
`
`
`
`Case 1:11-cv-20920-AJ Document 1-2 Entered on FLSD Docket 03/16/2011 Page 2 of 2
`
`A3) 440 (Rev 02/09) Summons in a Civil Action (Page 2)
`
`Civil Action No.
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 4(1))
`
`PROOF OF SERVICE
`
`This summons for (name ofindividual and title, ifartw
`
`was received by me on (date)
`
`C] I personally served the summons on the individual at (place)
`01'! (date)
`
`; OI‘
`
`El I left the summons at the individual’s residence or usual place of abode with (name)
`, a person of suitable age and discretion who resides there,
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`E] I served the summons on (name ofindividual)
`
`designated by law to accept service of process on behalf of (name oforganization)
`(date)
`; or
`
`E] I returned the summons unexecuted because
`
`; or
`
`D Other (specify):
`
`My fees are $
`
`7
`
`for travel and $
`
`for services, for a total of S
`
`I declare under penalty of perjury that this infomiation is true.
`
`Server '5' signature
`
`Printed name and title
`
`Server's address
`
`Additional information regarding attempted service, etc:
`
`
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