Florida Record

Thursday, July 18, 2019

Zumba Fitness alleges other companies infringed on trademark

Lawsuits

By Charmaine Little | Dec 7, 2018


FORT LAUDERDALE, Fla. -- Zumba Fitness LLC sued five companies Dec. 5 in U.S. District Court for the Southern District of Florida, alleging they infringed on the Zumba trademark.

Zumba Fitness named Telespring Inc., Redbubble Inc., Spreadshirt Inc., Brain Buster Enterprises LLC and Gearbubble, Inc. in its lawsuit. Zumba said it is the only owner of the Zumba and Zumba Fitness trademark as well as its unique logo. 

Zumba Fitness accused the defendants of profiting off Zumba Fitness and using the Zumba intellectual property when it distributed, advertised and sold Zumba-related products such as graphic T-shirts and leggings “bearing confusingly similar and/or substantially indistinguishable imitations of the Zumba intellectual property.” 


Zumba Fitness said the defendants weren’t only knowledgeable of the trademark but blantantly used it to boost their commercial value and sales. It added that the defendnats have no connection to Zumba or its intellectual property.

Zumba Fitness sued for federal trademark counterfeiting, insisting the defendants used the Zumba trademark without its permission, causing consumers to be confused or even deceived. It also sued for federal trademark Infringement, stating the defendants used very similar words and symbols that Zumba Fitness has already trademarked at the federal level. It also named federal unfair competition, federal trademark dilution, federal copyright infringement, Florida trademark dilution and Injury to business reputation and common law trademark infringement and unfair competition.

It asked the court to order the defendants and all related agents from employees to attorneys to indefinitely stop using the Zumba trademark, name, logo or any related design for any products or services. Zumba Fitness also wants all of the products to be recalled that the defendants have already sold and shipped to any customer, marketer, retailer or other parties. 

Zumba Fitness also wants all related equipment to be destroyed.

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U.S. District Court for the Southern District of Florida Fort Lauderdale Division

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