This case was last updated from PACER on 04/23/2021 at 10:56:25 (UTC).

Theragun, Inc. v. Echelon Fitness Multimedia, LLC et al

Case Summary

On February 22, 2021, Theragun, Inc. (“Theragun”), represented by Andrew Mark Moshos and Brian P. Egan of Morris, Nichols, Arsht & Tunnell LLP, filed an intellectual property lawsuit against Echelon Fitness Multimedia, LLC (“Echelon”) and DOES 1 through 10, inclusive (collectively “Defendants”), seeking injunctive relief and damages with prejudgment and post judgment interest for allegedly infringing one or more claims of six intellectual properties including trademark and patents owned by Theragun. This case was filed in U.S. District Court in the District of Delaware with Judge Colm F. Connolly presiding

 

In its complaint, Theragun alleged that Echelon has infringed one or more claims of its United States Patent Numbers D869,387, entitled “Rechargeable Battery” (hereinafter “the ‘387 Patent”), D879,985, entitled “Percussive Massage Device” (hereinafter “the ‘985 Patent”), D880,714, entitled “Percussive Massage Device” (hereinafter “the ‘714 Patent”), D880,715, entitled “Percussive Massage Device” (hereinafter “the ‘715 Patent”), 10,702,448, entitled “Percussive Massage Device and Method of Use” (hereinafter the “ ‘448 Patent”) and 10,857,064, entitled “Percussive Therapy Device” (hereinafter “the ‘064 Patent”).

 

Theragun claims that “as a result of the use of its distinctive blue color, Theragun has developed trade dress rights in the blue color as applied to its massage gun products and packaging as shown in the images above (the “Trade Dress”). The Trade Dress is not functional and is either inherently distinctive, or, through Theragun’s continuous use and promotion, has acquired distinctiveness, and the Trade Dress is uniquely associated with Theragun and its massage gun products. Theragun’s Trade Dress is associated by the public exclusively with Theragun and its products and is used by the public as an indicator of the origin and quality of Theragun’s massage gun products.”

 

Theragun alleged that “Defendants are using a virtually identical blue color on their massage gun products. In fact, Defendants have applied the blue color to their products in virtually the same locations and positions as that blue color is applied to the Theragun products” and that “Notwithstanding Theragun’s demand and in conscious disregard of Theragun’s intellectual property rights as set forth herein, Defendants have continued to use the Infringing Products and Trade Dress in conjunction with their percussive massage devices and in direct competition with Theragun.”

 

There are eight causes of action laid down by Theragun in their complaint. The first and second causes of action relate to Federal Trade Dress Infringement pursuant to 15 U.S.C. § 1125(a) and Common Law Trade Dress Infringement respectively. The third to eighth causes of action are for the alleged infringement of each of their United States Patents listed above. 

 

In their prayer for relief, Theragun requested the court to pass a judgement finding that each of its Patents and Trade Dress, as claimed, are valid and enforceable and that the Defendants have wilfully infringed one or more claims under each of them. Theragun further requested the court to pass an order for injunctive relief and to direct recall of any and all alleged infringing products and destruction of all alleged infringing products within 30 days of the final order. Also, Theragun requested for an award of damages with pre and post judgment interest and costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00247

  • Filing Date:

    02/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Colm F. Connolly

 

Party Details

Plaintiff

Theragun, Inc.

Defendants

DOES 1 through 10

Echelon Fitness Multimedia, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Brian P. Egan

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Andrew Mark Moshos

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Defendant Attorney

Benjamin J. Schladweiler

Attorney at Greenberg Traurig, LLP

The Nemours Building, 1007 North Orange Street, Suite 1200

Wilmington, DE 19801

 

Court Documents

#1

1 #1

Exhibit 1-6

1 #2

Civil Cover Sheet

#2

#3

#4

#5

#6

#7

#8

#9

#10

#11

2 More Documents Available
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Docket Entries

  • 04/20/2021
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  • Docket(#11) Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 5/19/2021 at 03:30 PM before Judge Colm F. Connolly. Counsel for Plaintiff shall coordinate the call and email the dial-in information to chambers. If there are no issues about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 4/20/2021. (nmf) (Entered: 04/20/2021)

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  • 04/15/2021
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  • Docket(#10) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Echelon Fitness Multimedia, LLC. (Schladweiler, Benjamin) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#9) ANSWER to #1 Complaint, with Jury Demand by Echelon Fitness Multimedia, LLC.(Schladweiler, Benjamin) (Entered: 04/15/2021)

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  • 03/02/2021
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  • DocketSO ORDERED, re #8 STIPULATION TO EXTEND TIME for the defendants to answer or otherwise respond to the Complaint to April 15, 2021 filed by Theragun, Inc. Set/Reset Answer Deadlines: Echelon Fitness Multimedia, LLC answer due 4/15/2021. Signed by Judge Colm F. Connolly on 3/2/2021. (fms) (Entered: 03/02/2021)

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  • 03/01/2021
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  • Docket(#8) STIPULATION TO EXTEND TIME for the defendants to answer or otherwise respond to the Complaint to April 15, 2021 - filed by Theragun, Inc.. (Egan, Brian) (Entered: 03/01/2021)

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  • 02/26/2021
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  • DocketSO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Stanley M. Gibson, Rod S. Berman, Shenel Ozisik and Gregory S. Cordrey filed by Theragun, Inc. Signed by Judge Colm F. Connolly on 2/26/2021. (fms) (Entered: 02/26/2021)

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  • 02/26/2021
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  • Docket(#7) MOTION for Pro Hac Vice Appearance of Attorney Stanley M. Gibson, Rod S. Berman, Shenel Ozisik and Gregory S. Cordrey - filed by Theragun, Inc.. (Moshos, Andrew) (Entered: 02/26/2021)

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  • 02/24/2021
  • DocketCase Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) (Entered: 02/24/2021)

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  • 02/23/2021
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  • Docket(#6) SUMMONS Returned Executed by Theragun, Inc.. Echelon Fitness Multimedia, LLC served on 2/23/2021, answer due 3/16/2021. (Egan, Brian) (Entered: 02/23/2021)

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  • 02/23/2021
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  • Docket(#5) Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Theragun, Inc.. (mal) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D869, 387 S ;D879, 958 S ;D880, 714 S ;D880, 715 S ;10,702,448, B2 ;10,857,067 B2. (mal) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#1) COMPLAINT FOR TRADE DRESS AND PATENT INFRINGEMENT - filed with Jury Demand against DOES 1 through 10, Echelon Fitness Multimedia, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3536815.) - filed by Theragun, Inc.. (Attachments: #1 Exhibit 1-6, #2 Civil Cover Sheet)(mal) (Entered: 02/23/2021)

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