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/EDITORS: The following is a revised version of an earlier release/

 NORDICTRACK OBTAINS $1 MILLION FEDERAL COURT JUDGMENT
 AGAINST CSA FOR INFRINGEMENT OF TRADE DRESS RIGHTS
 CHASKA, Minn., May 26 /PRNewswire/ -- In a judgment entered today in U.S. District Court, Judge Richard Kyle signed a consent judgment that gives NordicTrack, manufacturer of one of America's most popular cross- country ski exercisers, $1 million dollars and protection for its trade dress rights in litigation brought against a competitor, CSA.
 The judgment recognized the existence of NordicTrack's trade dress rights on its cross-country ski exerciser. These rights refer to the unique design style and engineering of the machine -- equities developed over time by using pre-emptive elements to create to the unique "NordicTrack look."
 Second, the judgment acknowledged CSA's infringement on NordicTrack's trade dress rights with the design and configuration of certain models of its Alpine Tracker. These trade dress rights exist as long as NordicTrack continues to use its present design.
 Third, CSA, NordicTrack and the court agreed that damages for infringement of NordicTrack's rights would be $1 million -- putting out the warning flag to other competitors in the fitness industry, that copying the NordicTrack look or name will come at a high cost.
 "We are very pleased with the fairness of the court judgment," said Jim Bostic, NordicTrack president and CEO. "The court has recognized that our intellectual property rights extend to NordicTrack's dress. The investments we have made over time in creating and establishing the unique NordicTrack look and design are elements that the competitors can't duplicate and benefit from without paying a price."
 NordicTrack general counsel John Broeker agreed, "This result stops other companies with similar products from trying to confuse the consumer and mislead them into believing that just because the product looks similar to the NordicTrack, it also offers the same values. We have built our reputation on providing the highest quality product available on the market. Now, others can't capitalize on that reputation."
 The guidelines between patent rights and trade dress rights move from specific engineering aspects to the look and feel of the product. NordicTrack is well known for its unique arm exerciser, its use of a contoured hip pad and hand-crafted skis. The message to other competitors through this decision is clear, according to Dwayne Sigler, group vice president of NordicTrack and NordicTrack's Other Brands. "Anyone who thinks of trying to copy the established NordicTrack design had better be willing to pay for it. This judgment should make companies who think they can get a free ride from NordicTrack think twice. The record is decisive on the consequences."
 Just as important, added Sigler is the message to consumers. "When a customer is looking for the highest quality in fitness machine engineering, design and styling, they should always come to NordicTrack first. Our hold on the claim to high quality throughout the whole machine is something which will endure long beyond the expiration of specific patents." Consumers can remain confident NordicTrack will continue to lead the way in manufacturing the best machines available at its price point for years to come.
 -0- 5/26/93
 /CONTACT: Kristen Abbott, 612-368-2733, or Lon Bencini, 612-368-2683, both of NordicTrack/


CO: NordicTrack ST: Minnesota IN: LEI SU:

DB -- MN012 -- 2633 05/26/93 16:58 EDT
COPYRIGHT 1993 PR Newswire Association LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1993 Gale, Cengage Learning. All rights reserved.

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Publication:PR Newswire
Date:May 26, 1993
Words:537
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