Anytime Fitness, LLC v. Roberts

The likelihood of possible consumer confusion supported an injunction against a spammer from using another company's trademark.

Opinion (Nelson): Anytime Fitness, LCC ("Anytime Fitness") is the sole owner and licensor of the Anytime Fitness trademark for health and fitness club services, as well as a "Running Man Logo" for heath and fitness club services. Michael Roberts and MRA Enterprises ("MRA"), allegedly sent at least 8,337 unsolicited commercial emails to Anytime Fitness franchisees and employees which used the Anytime Fitness and Running Man Logo trademarks. MRA also used the Anytime Fitness trademark in website postings created in July 2012, August 2012 and September 2012 in order to advertise MRA's products and services. Anytime Fitness did not authorize MRA to use the Anytime Fitness or Running Man Logo trademarks. Anytime Fitness sent three cease and desist letters to MRA, and MRA failed to comply or respond in any way to those letters. Anytime Fitness filed complaints of trademark infringement on November 27, 2012 but MRA failed to respond to the complaint. Anytime Fitness then filed a motion for entry of default judgment. The Court, reviewed the record and found that there is a likelihood of confusion resulting from MRA's use of the Anytime Fitness trademarks. Those trademarks have been in use for over a decade thereby giving them considerable strength. The Court reviewed the emails and found that the trademarks MRA used were identical to the Anytime Fitness trademarks. The Court held that the balance of hardships favor granting injunctive relief to Anytime Fitness because the public interest is advanced by the avoidance of consumer confusion in Anytime Fitness's industry, and MRA would not suffer irreparable harm as a result of being forced to comply with the law. Accordingly, Anytime Fitness' motion for entry for default judgment is GRANTED.