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CONSUMER PRODUCTS & SERVICES | Health & Wellness (non-internet/mobile) / Sporting Goods & Equipment
octanefitness.co

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Stage

Acquired - II | Acquired

Valuation

$0000 

About Octane Fitness

Octane Fitness is a fitness manufacturer dedicated exclusively to producing elliptical machines. Precise focus and proven performance clearly distinguish the company and benefit users with innovative, award-winning products; dedicated resources; uncompromised quality; and personalized customer service for elliptical machines.

Octane Fitness Headquarter Location

7601 Northland Drive N. Suite 100

Minneapolis, Minnesota, 55428,

United States

888-628-2634

Latest Octane Fitness News

The Steep Price of Not Being Exceptional

Mar 13, 2021

To embed, copy and paste the code into your website or blog: <iframe frameborder="1" height="620" scrolling="auto" src="//www.jdsupra.com/post/contentViewerEmbed.aspx?fid=9fd353d2-1c7b-4ab3-8a32-92f31d1cf6eb" style="border: 2px solid #ccc; overflow-x:hidden !important; overflow:hidden;" width="100%"></iframe> Addressing the appropriate standard for determining what makes a trademark case sufficiently exceptionalto warrant an award of attorney fees, the US Court of Appeals for the Seventh Circuit upheld the denial of a renewed motion for attorneys’ fees under the Octane Fitness standard. 20-2506 (7th Cir. Some say that imitation is the highest form of flattery—but not in the world of trademarks. And certainly not according to LHO Chicago River. In 2014, LHO rebranded one of its Chicago hotels as “Hotel Chicago.” Two years later, Rosemoor did the same to its hotel on the west side of Chicago. LHO sued Rosemoor for trademark infringement (among other claims). Ultimately, LHO dropped the lawsuit after an unsuccessful motion for preliminary injunction. Rosemoor’s quest for attorneys’ fees, however, lived on. Rosemoor’s initial request for attorneys’ fees amounted to $500,000. According to Rosemoor, the case was exceptional as defined by the Lanham Act and therefore justified reimbursement of its attorneys’ fees. Rosemoor’s first request was denied. Rosemoor appealed, arguing that the district court’s denial of attorneys’ fees was based on an incorrect standard as to what makes a trademark case exceptional. The renewed request for attorneys’ fees totaled $630,000. Once again Rosemoor was left to cover its own fees, and once again it appealed, but to no avail. In denying Rosemoor’s initial request for attorneys’ fees, the district court used the “abuse-of-process” standard as explained in Burford v. Accounting Practice Sales. According to Rosemoor, the district court should have used the standard articulated in Octane Fitness v. ICON Health & Fitness to determine whether the case was exceptional. The Seventh Circuit agreed with Rosemoor regarding the appropriate standard, but did not agree that the case was exceptional. Under Octane, “a case can be ‘exceptional’ if the court determines, under the totality of the circumstances, that it ‘stands out from others with respect to [1] the substantive strength of a party’s litigating position (considering both the governing law and the facts of the case) or [2] the unreasonable manner in which the case was litigated. '” Relevant considerations for a party’s litigating position “include ‘frivolousness’ and ‘objective unreasonableness. '” The Seventh Circuit determined that the district court did not abuse its discretion in deciding that the case was not exceptional and did not warrant fee shifting. The Court explained that LHO’s preliminary injunction pleading was not “frivolous or unreasonable,” LHO provided evidence of actual customer confusion, the disputed mark was “not plainly unworthy of protection,” LHO provided evidence of the mark’s secondary meaning, and Rosemoor failed to show that LHO engaged in exceptional litigation misconduct. Practice Note: When the post-litigation dust settles, practitioners should help their clients evaluate whether their case truly is exceptional within the meaning of the Lanham Act and would thus warrant an award of attorneys’ fees. Appealing a disappointing judgment without strong “exceptional” grounds may end up costing more than it is worth.

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Expert Collections containing Octane Fitness

Expert Collections are analyst-curated lists that highlight the companies you need to know in the most important technology spaces.

Octane Fitness is included in 1 Expert Collection, including Fitness Tech.

F

Fitness Tech

1,243 items

This Collection includes startups developing software and technology to augment approaches to developing or maintaining physical fitness, including workout apps, wearables, and connected fitness equipment.

Octane Fitness Patents

Octane Fitness has filed 6 patents.

The 3 most popular patent topics include:

  • Exercise equipment
  • Physical exercise
  • Candlestick patterns
patents chart

Application Date

Grant Date

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Related Topics

Status

3/8/2019

8/31/2021

Exercise equipment, Physical exercise, Rowing, Cycle types, Mechanisms (engineering)

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Application Date

3/8/2019

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Grant Date

8/31/2021

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Related Topics

Exercise equipment, Physical exercise, Rowing, Cycle types, Mechanisms (engineering)

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Status

Grant

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