An individual personal trainer (residing in Wellesley, MA) has sued MizzFit LLC (New York, NY) for a declaration that she does not infringe defendant’s trademark rights as well as for cancellation of defendant’s registrations. Defendant owns federal registrations for two MIZZFIT based marks. Plaintiff received a voicemail and email from the defendant threatening infringement if she did not cease use of her MISS FIT based marks, which apparently were being featured by the Style Network. The complaint alleges that plaintiff’s use predates the defendant’s use.
Boyd v. MizzFit LLC, 11-11751-JLT (D. Mass. Oct. 4, 2011)
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