19 June 2017Trademarks

Cheerleading company sues UK woman over “Cheerobics”

Tennessee-based company Varsity Spirit is suing a UK woman for trademark infringement over her use of the ‘cheerobics’ name for work-out teaching programmes and merchandise.

The case was filed at the US District Court for the Western District of Texas, Austin division on Thursday, June 15.

It claimed the defendants, named as Cheerobics Zoo and its CEO Jessica Rossi, provided “nearly identical” instructional services and exercise routines to Varsity Spirit, as well as “offering and selling DVDs and various merchandises’ which infringe its trademark.

Varsity is the owner of US trademark registration number 1341584 for its ‘Cheerobics’ mark in Class 41, for “teaching exercise routine programmes based on cheerleading movements,” according to the claim.

The suit further alleged that Rossi, who has offices in both London and Austin, has continued to infringe the trademark “despite several demands by Varsity to cease and desist”.

“Defendants’ unlawful actions were willful or conducted with reckless disregard for Varsity’s prior rights in the Cheerobics mark”, the complaint added.

Varsity is requesting injunctive relief, damages, attorneys’ fees and a destruction of the allegedly infringing materials.

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