The American company, ICON Health & Fitness Company (hereinafter referred to as “ICON”), is owner of China registered trademark No. 3889268 “IFIT” on “fitness equipment” in Class 28. For better user experience, ICON release a fitness application called "IFIT" on App Stores, for use with its branded fitness equipments and/or smart wearables.

Sichuan Micro-DSP Technology Co. Ltd (hereinafter referred to as “Micro-DSP”), based on its No. 4869639 trademark registration for “iFit!” in Class 9 in respect of “computer program (downloadable software)”, filed a complaint to Shanghai Pudong New District Intellectual Property Office, seeking affirmation of ICON’s "IFIT" mobile phone app as infringing on Micro-DSP’s exclusive right to use the registered trademark. Under the mediation arranged by Shanghai Pudong New District Copyright Dispute Mediation Committee, ICON and Sichuan Micro-SDP resolved the dispute and signed a memorandum for Micro-SDP to transfer its No. 4869639 “iFit!” trademark to ICON.

Typical Significance

The is a typical case wherein the People's Mediation Committee plays an important role in coordinating the settlement of IP disputes, and is a successful exploration of alternative ways of resolving IP disputes. The People's Mediation system provides an option other than litigation to resolve the conflict between two parties in a more peaceful manner at low cost with high efficiency.