Albright Grants Rare Preliminary Injunction Against Fitness Company
On December 1, Judge Alan Albright, sitting in the Waco Division of the Western District of Texas, granted a preliminary injunction (PI) to Gonza LLC, finding that all four factors of the judicial test for injunctive relief favored Gonza. IPWatchdog is told it is one of only a handful of PIs Albright has issued. On July 28, 2021, Gonza LLC sued Mission Competition Fitness Equipment (MCF) in the Waco Division of the Western District of Texas. Gonza sought both injunctive relief and damages arising out of MCF’s alleged infringement of its U.S. Patent No. 11,007,405 (the ‘405 patent). Gonza asserted that it developed the subject matter of the ‘405 patent, which discloses a neck exercise device with resistance bands that can be used to improve neck capabilities, during a period of over two years. In its complaint, Gonza contended that MCF released a knock-off device that used lower quality materials, but nonetheless infringed the ‘405 patent. Gonza argued that MCF’s infringement of their ‘405 patent created a loss of goodwill, eroded the market price, and caused extreme negative consequences for Gonza’s business.