Published On : Thu, Sep 12th, 2013
Latest News | By Nagpur Today Nagpur News

Court restrains “Anytime Fitness” Gymnasium in Nagpur from using US company’s Trademark

Anytime-fitnessNagpur News:

The District and Sessions Court Judge S C Chandak has restrained “Anytime Fitness” Gym from using an American company’s Trademark temporarily. The next hearing in the case would be held on September 20.The America-based “Anytime Fitness” International Limited has filed a civil suit in the Nagpur court against the use of its Trademark by “Anytime Fitness” Gym in Nagpur. The Court has also ordered no destroying of the Gym’s material, papers by the offender, agent or heir. The Gym was opened by Ashok Kumar in the name of Anytime Fitness.

According to reports, an American company opened ‘Anytime Fitness’ gym in Nagpur in 2009, and accordingly, the contract for running the fitness gym was given to Chandan Lunawat. However, the American company ended the “Master Franchisee Agreement” with Chandan Lunawat on May 6 2011. But surprisingly, an unidentified person has been found running the gym thus drawing the court to intervene in the matter. Subsequently, the District and Sessions Court Additional Judge S C Chandak appointed Adv Shraddhanand  Bhutada as Local Commissioner to investigate the issue and submit his report. The Local Commissioner submitted his report after the inspection of the Gym.

The American company had opened the fitness gym in the Civil Lines and had handed over the contract to Chandan Lunawat for proper functioning of the gym. However, later the company cancelled the agreement. But to the surprise of the company the fitness gym continued to run and that too with the company’s trademark and logo. The trademark and the logo could not be used once the agreement was cancelled. The moot question was: Who was running the fitness gym with the American company’s trademark and the logo? This illegal aspect forced the American company to to knock the doors of the court in Nagpur.

The company’s headquarters is in Minnesota city in the United State of America. The company has registered its trademark globally. Chandan Lunawat was given contract on the basis of global registration of the trademark. The company cancelled the contract with Chandan Lunawat without ascertaining any reasons on May 6, 2011. However, the NMC possesses a record that the fitness gym is running with American company’s trademark and the logo at the Nexus Point building’s first floor in Civil Lines, Nagpur. The mystery shrouded the runner of this gym. This suspense drew the court to intervene in the matter.

The American company has a tradition of calling the unidentified runners of its fitness centers in the US and Canada as Jon Do, and in India, Ashok Kumar in place of Jon Do. Now, who this Ashok Kumar is would likely to be revealed soon. The name Ashok Kumar would automatically be changed to the real name when the guilty is found by the court. At present, a petition is filed in the court with the name of Ashok Kumar, informed the company’s counsellors Shantanu Khedkar and Ritesh Badhe.