November 17, 2010 | 11:58 am
The Santa Monica company that markets the popular fitness video program P90X has won a $2.1-million judgment against a New York man it said was selling pirated copies of its DVDs on the Internet.
U.S. District Judge John F. Walter in Los Angeles ordered Wayne Batchelor of Uniondale, N.Y., to pay the damages to Product Partners, which distributes the fitness videos through its Beachbody brand. He also ordered Batchelor to “deliver immediately for destruction” all counterfeit P90X materials in his possession.
Horton In its lawsuit, Product Partners said its P90X brand had gained a devoted following because of a massive television marketing campaign. The company said it spent “close to $100 million” in 2009 to promote the P90X brand in TV infomercials.
In recent years, the company has been victimized by "unscrupulous individuals and entities who wish to take a free ride" on its "goodwill, reputation and fame” by selling pirated copies of its fitness DVDs, it said in the lawsuit, filed in federal court in Los Angeles.
The P90X fitness program, developed by Tony Horton, is available on Beachbody’s website for $119.85. According to the lawsuit, Batchelor advertised pirated copies of the fitness DVDs on EBay. A private investigator hired by Product Partners purchased a counterfeit copy of the fitness system in December 2009 from Batchelor for $47.99, the lawsuit said.
Between November 2009 and January 2010, Batchelor sold 129 sets of the counterfeit videos, the company said, citing records that Batchelor provided.
Batchelor did not file a response to the lawsuit, prompting Walter to enter a judgment in favor of Product Partners. He could not be reached for comment.
-- Stuart Pfeifer
Photo: P90X fitness program developer Tony Horton. Credit: Jay L. Clendenin / Los Angeles Times
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