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Fitbit throws fit, emits writ for outfit's non-hit, rather sh*t, 'Fitbit' kit

Reseller accused of passing off malfunctioning health bands as refurbished gear

By Shaun Nichols, 10 Jan 2017

Fitbit has sued a company it accuses of deliberately selling shoddy units.

In a complaint [PDF] filed to the Northern California District Court, the San Francisco-based wearables giant claims Laguna 2 (L2), a reseller in New Jersey, repackaged and sold Fitbit equipment it knew was defective.

According to Fitbit's complaint, L2 obtained shipments of faulty Fitbit products destined for scrap and, rather than break down the products, packaged and resold them as refurbished gear.

"These products were originally manufactured by Fitbit, but because they did not meet Fitbit's high quality standards, they were designated to be scrapped and/or recycled," Fitbit claims.

"Rather than being destroyed as part of Fitbit's standard quality control processes, these scrap products instead were diverted from Fitbit's supply chain, placed into counterfeit packaging, and then resold by Defendants through numerous non-authorized online retailers, under the guise that they were 'refurbished' genuine Fitbit products."

This resulted in hundreds of thousands of defective units being recirculated through sites such as Groupon and eBay under the guise of being refurbished – in the process leaving Fitbit to deal with the fallout, it is alleged.

"Fitbit not only lost the opportunity to sell an authorized, high-quality product to hundreds of thousands of consumers, but also has taken a significant and ongoing hit to its reputation, brand, and goodwill with members of the consuming public," the complaint reads.

The filing goes on to claim that Fitbit has asked L2 for access to the products themselves to check if the units are knackered, but have been refused. Now, Fitbit is asking the US District Court to award damages and an injunction blocking L2 from further re-selling Fitbit products on grounds of trademark infringement, trademark dilution, and unfair competition.

A spokesperson for L2 was not available for immediate comment. ®

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