Intellectual Property Law

Chapter 5 Case Study

Case Study: Fit Forever would like to license the use of its mark FLEX FUSION (used
for exercise classes and for consulting in the areas of fitness and nutrition) to ABC Inc. It
would also like to file the first affidavit of use for its mark PUMP BANDS (used in
connection with exercise resistance bands). Unfortunately, Fit Forever has not been able
to sell its bands for the past 15 months because the rubber used in the bands originates in
China, and due to a labor stoppage in China, the bands have not been manufactured there
for the past 15 months.

Activities:
1. Identify the types of quality control provisions Fit Forever should include in its
license agreement with ABC Inc.
iodic inspection of ABC’s
facilities and any use of the mark.

2. What objections might Fit Forever encounter when it attempts to maintain its
mark PUMP BANDS? Discuss.