Court-ordered eviction pushes fitness club out

HUDSON ¨C A fitness club already facing trademark-infringement charges has encountered yet another legal hurdle: court-ordered eviction.

Elite Fitness, owned by brothers-in-law Sean Corriveau and Dave Eddy, must vacate Nottingham Square by next Friday for failing to pay nearly $14,000 in rent, a Nashua District Court judge ruled Thursday.

The club has operated under the name Powerhouse Gym since its August opening. But last month, the international fitness chain that bears that name claimed in federal court that Elite Fitness had no permission to use the Powerhouse Gym brand.

Manny Sousa, owner of the Lowell Road plaza, said three fitness clubs eyeing the retail space have assured him they will honor any Elite Fitness memberships should one of them open in that location.

Sousa, owner of Sousa Realty and Development Corp., declined to detail how many months rent the company allegedly owes.

But the court order put the amount, as of Nov. 15, at $13,961.18. The writ of possession takes effect Dec. 21, meaning Elite Fitness must evacuate the property by then.

Last month, Michigan-based Powerhouse Gyms International filed a trademark-infringement lawsuit against Corriveau and Elite Fitness. The lawsuit alleges Corriveau ¡°never obtained any right whatsoever¡± to use the Powerhouse name or trademarks before he opened a fitness club with that same name.

It claims Corriveau never entered into a licensing agreement with the chain and has been selling unauthorized Powerhouse merchandise and sportswear from the club. The lawsuit, filed in the U.S. District Court of the Eastern District of Michigan, accuses Corriveau of trademark infringement, unfair competition and trademark dilution.

Corriveau, who had previously told The Telegraph he was the public voice for Elite Fitness, didn¡¯t return phone calls Friday seeking comment on the eviction order.

In an interview last month, Corriveau said he had reached a verbal agreement with the Powerhouse chain to market his fitness club as a Powerhouse gym until Oct. 15, when he would then decide whether to sign a formal licensing deal.

Corriveau claimed it was his decision to not enter the licensing deal and said his gym's name would soon be changed to Elite Fitness in an effort to draw an ¡°older¡± clientele.

But an attorney for Powerhouse said Corriveau¡¯s claim is inconsistent with the company¡¯s licensing practices. The Powerhouse name has also remained on the gym¡¯s exterior and the plaza sign.

Powerhouse is seeking at least $75,000 in damages, costs and attorney's fees and an immediate stop to Corriveau's use of Powerhouse's trademark.

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