Dec 17, 2007 11:44 AM
New Hampshire Club Faces Eviction, Trademark-Infringement Charges
HUDSON, NH -- A fitness club that had already been charged with trademark infringement has also failed to pay nearly $14,000 in rent and faces court-ordered eviction on Friday, according to the Nashua (NH) Telegraph.
Elite Fitness, owned by brothers-in-law Sean Corriveau and Dave Eddy, has operated under the name Powerhouse Gym since opening in August. But Powerhouse Gym claimed in federal court last month that Elite Fitness had no permission to use the brand name, the newspaper reported.
The owner of the plaza in which the club is located told the Telegraph that three fitness clubs seeking the retail space say they will honor any Elite Fitness memberships should one of them open in that location.
The lawsuit, filed by Powerhouse Gym in the U.S. District Court of the Eastern District of Michigan, accuses Corriveau of trademark infringement, unfair competition and trademark dilution. The suit claims Corriveau never entered into a licensing agreement with Powerhouse Gym and has been selling unauthorized Powerhouse merchandise and sportswear from the club.
Corriveau, in an interview with the Telegraph last month, said he had reached a verbal agreement with the Powerhouse chain to market his fitness club as a Powerhouse gym until Oct. 15, at which time he was going to decide whether or not to sign a formal licensing deal. Corriveau says he decided not to sign the licensing deal and said his club’s name would change to Elite Fitness to try to attract older members.
An attorney for Powerhouse told the newspaper Corriveau’s claim is not consistent with the company’s licensing practices. The Powerhouse name has remained on the gym’s exterior and the sign on the plaza, according to the Telegraph.
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