UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW HAMPSHIRE 

PFIP, LLC 

 

 Plaintiff, 

 

v. 

Planet Health and Fitness, Inc. d/b/a Planet 

Fitness 

 Defendant. 

 

Case Number: 1:08-cv-461-SM 

_______________________________________ 

ORDER GRANTING 

PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AND PERMANENT 

INJUNCTION AGAINST DEFENDANT

 Having considered Plaintiff PFIP, LLC’s (“Plaintiff”) Motion for Default Judgment and 

Permanent Injunction, the Memorandum in support of its Motion, the Declarations of Joseph 

Freschi and Teresa Tucker in support thereof, the default entered by the Clerk of this Court on 

file herein, the Summons document, Complaint and proof of service on file herein, and all of the 

relevant papers and pleadings on file with the Court in this matter, THE COURT ORDERS AS 

FOLLOWS: 

Plaintiff’s Motion for Default Judgment and Permanent Injunction against the Defendant 

is GRANTED;

IT IS FURTHER ORDERED, adjudged and decreed that this Court has jurisdiction 

over the parties and the subject matter of this action. 

IT IS FURTHER ORDERED that Plaintiff owns a family of valid trademarks as set 

forth below, pursuant to 15 U.S.C. §§ 1065 and 1115(b). 

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Trademark Registration No. Registration Date 

PLANET FITNESS U.S. Reg. No. 2,438,677 March 27, 2001 

PLANET FITNESS U.S. Reg. No. 2,698,976 March 25, 2003 

PLANET FITNESS, THE 

JUDGEMENT FREE 

ZONE, plus design 

U.S. Reg. No. 3,105,988 June 20, 2006 

JUDGMENT FREE 

ZONE 

U.S. Reg. No. 2,377,662 August 15, 2000 

IT IS FURTHER ORDERED that Plaintiff is the owner of a valid copyright in its 

“Planet Fitness Mission Statement.” 

IT IS FURTHER ORDERED that Defendant is liable to Plaintiff for willful trademark 

infringement under federal law, 15 U.S.C. §1114 et seq. for infringing Plaintiff’s federally 

registered trademarks. 

IT IS FURTHER ORDERED that Defendant is liable to Plaintiff for false designation 

of origin and false description and representation under federal law, 15 U.S.C. §1125 et seq. 

IT IS FURTHER ORDERED that Defendant is liable to Plaintiff for copyright

infringement under 17 U.S.C. §501. 

IT IS FURTHER ORDERED that Defendant is liable to Plaintiff for unfair competition 

including cypberpiracy under 15 U.S.C.A. §1125(d). 

IT IS FURTHER ORDERED as follows: 

1. Defendant is permanently enjoined and prohibited from using or otherwise 

misappropriating directly or indirectly the Plaintiff’s trademarks, or any other mark, 

word, or name, confusingly similar thereto; 

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2. Defendant is permanently enjoined from using or reproducing Plaintiff’s copyrighted 

work, including Plaintiff’s copyrighted “Planet Fitness Mission Statement;” 

3. Defendant and its agents are permanently enjoined and ordered to refrain from any act or 

activity that may directly or indirectly hinder or delay transfer of ownership and control 

of the domain names “planetfitnesspr.com” to Plaintiff or Plaintiff’s agents; 

4. Defendant or its agent shall transfer registration of the planetfitnesspr.com domain name 

to Plaintiff PFIP, LLC within ten (10) days of entry of this Order, and Defendant or its 

agent shall bear its own costs associated with said transfer; 

5. Defendant shall deliver to Plaintiff (or the attorneys/agents of Plaintiff) all materials in its 

possession, custody or control that use or refer to the Plaintiff’s trademarks, copyrighted 

mission statement or the planetfitnesspr.com domain name, within ten (10) days of entry 

of this Order; 

6. Defendant shall deliver to this Court and to serve on Plaintiff (or the attorneys/agents of 

Plaintiff) a list of any and all other domain names registered by Defendant or on behalf of 

Defendant that comprise Plaintiff’s trademarks or are confusingly similar thereto within 

ten (10) days of entry of this Order; 

7. Defendants shall refrain from any act or activity intended to directly or indirectly 

disparage Plaintiff or its agents or affiliated companies. 

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

purposes of enforcing this Judgment and Order.

 IT IS SO ORDERED. 

DATED:__________________ ________________________________ 

 Steven J. McAuliffe 

 U.S. District Court Chief Judge 

April 29, 2009 /s/ Steven J. McAuliffe cc: Teresa C. Tucker, Esq. 

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