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UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

T.R. WORLD GYM- IP, LLC and T.R.

WORLD GYM, LLC

113 Crosby Road

Dover NH 03820

Plaintiff,

v.

JAMES WOOLARD,

FITNESS SYSTEMS OF P.B. GARDENS,

INC., FITNESS SYSTEMS OF DELRAY,

INC., FITNESS SYSTEMS OF EAST

BOCA/DELRAY, INC., FITNESS

SYSTEMS OF BOCA, INC., FITNESS

SYSTEMS OF POMPANO, INC., FITNESS

SYSTEMS OF GREAT VALLEY, INC.,

DOES 1-99

Defendants.

Case No 1:07-cv-00167-JM

AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE

WHEREAS, Plaintiffs T.R. World Gym-IP, LLC and T.R. World Gym, LLC are

New Hampshire Limited Liability Companies having a principal place of business at 113 Crosby

Road, Dover, New Hampshire 03820 (TRW);

WHEREAS, Defendant James Woolard is an individual residing at c/o Jonathan

Bloom, Esq. of Bloom, Ballen & Freeling, located at 2295 NW Corporate Blvd., Suite 117, Boca

Raton, Florida 3341 and Defendants Fitness Systems of P.B. Gardens, Inc. of 4430 Northlake

Blvd, Palm Beach Gardens, Florida 33410; Fitness Systems of East Boca/Delray, Inc. of 3155 S.

Federal Hwy, Delray Beach, Florida 33444; Fitness Systems of Pompano, Inc. of 401 S. Federal

Drive, Pompano Beach, Florida 33060; Fitness Systems of Boca, Inc. of 9183 Glades Road,

Boca Raton, Florida 33434; Fitness Systems of Delray, Inc. of 14550 S. Military Trail, Delray

Beach, Florida 33484; and Fitness Systems of Great Valley, Inc. of 20 Liberty Blvd, Shops of

Case 1:07-cv-00167-JM Document 10 Filed 07/30/07 Page 1 of 3
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Great Valley, Malvern, Pennsylvania 19355 are Florida corporations (all hereinafter collectively

“Defendants”);

WHEREAS, TRW filed an action in this Court alleging that it has rights in the

following trademarks:

Trademark Registration No. Registration Date

WORLD U.S. Reg. No. 1,911,887 August 15, 1995

WORLD GYM U.S. Reg. No. 1,791,584 September 7, 1993

WORLD GYM FITNESS

CENTER, plus design

U.S. Reg. No. 1,856,427 September 27, 1994

WORLD GYM, plus

design

U.S. Reg. No. 2,499,267 October 23, 2001

WORLD GYM, plus

design

U.S. Reg. No. 2,268,311 August 10, 1999

WORLD GYM, plus

design

U.S. Reg. No. 1,354,193 August 13, 1985

WORLD GYM, plus

design

U.S. Reg. No. 1,783,000 July 20, 1993

all of the foregoing trademarks collectively referred to hereinafter as the “Trademarks;”

WHEREAS, the Complaint filed by TRW in this action asserted that the actions

of Defendants constituted: (1) trademark infringement under the Lanham Act and the Trademark

Law Revision Act of 1988, 15 U.S.C. § 1114(a)(1); (2) trademark dilution under 15 U.S.C.

1125(c)(1); (3) false designation of origin under the Lanham Act and the Trademark Law

Revision Act of 1988, 15 U.S.C. § 1125(a); (4) unfair competition in violation of New

Hampshire RSA 358-A; and (5) unjust enrichment;

WHEREAS, Defendants do not dispute the validity of the Trademarks;

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WHEREAS, TRW and Defendants agree that settlement of this matter is in the

best interest of the parties and the public, and that entry of this Agreed Order, without additional

litigation, is the appropriate means of resolving this action;

WHEREAS, the parties have entered into a Settlement Stipulation to resolve their

differences, of which a copy of the Settlement Stipulation is annexed hereto;

WHEREAS, without trial or further adjudication of any issue of fact or law, upon

consent of the parties, and upon consideration of the mutual promises herein contained;

NOW THEREFORE IT IS ORDERED, adjudged and decreed that this action

is dismissed without prejudice against the Defendants and this Court has jurisdiction over the

parties and the subject matter of this action.

IT IS FURTHER ORDERED that TRW is the owner of the Trademarks and

that the Trademarks are valid pursuant to 15 U.S.C. §§ 1065 and 1115(b).

IT IS FURTHER ORDERED that U.S. Trademark Registrations Nos. 1911887,

2268311, 1354193, and 1856427 are incontestable under 15 U.S.C. 1065 and 1115(b).

IT IS FURTHER ORDERED that Defendants are permanently enjoined and

prohibited from using or otherwise misappropriating directly or indirectly the Trademarks, or

any other mark, word, or name, confusingly similar thereto;

IT IS FURTHER ORDERED that Defendants shall comply with the terms and

provisions of the Settlement Stipulation;

IT IS FURTHER ORDERED that this Court retains jurisdiction over this matter

for purposes of enforcing this Order.

Dated this ___ of _______________, 2007.

SO ORDERED

The Honorable James Muirhead

United States District Court Judge

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