Anytime Fitness v. Premier Mortage: Can-Spam and TM Infringement Complaint
Anytime Fitness is a fitness center franchisor. Premiere Mortgage is a Flordia-based mortgage lender. Plaintiff Anytime alleges that Defendant Premiere sent spam to Anytime's franchisees in violation of the CAN-SPAM act. What is interesting is that Plaintiff also alleges trademark infringement, however it is not clear (to me) from the complaint how Premiere Mortgage used the ANYTIME FITNESS mark in its spam.
Anytime Fitness, Inc. v. Premiere Mortgage Capital, Inc., 07-cv-04633-RHK-JSM (D. Minn, Nov 16, 2007)