BeachBody Suing Rip:60 makers - Page 2

acey · 03-13-11, 10:28 AM

I kinda thought BB would go after Supreme 90 - that name invokes P90X bigtime.

Pie · 03-13-11, 10:42 AM

Not surprised. Rip should have never mentioned Beachbody's products by name......

afirmrose · 03-13-11, 10:54 AM

Quote:

Originally Posted by acey

I kinda thought BB would go after Supreme 90 - that name invokes P90X bigtime.

I thought so too.

FitBoop · 03-13-11, 10:57 AM

I don't think Beachbody is going to win this case if it goes to trial, but I am basing my opinion on what I saw on the Rip 60 website page, which says at the top that Rip 60 is better than P90X, and that there was a study comparing Rip 60, P90X and Insanity. I would assume that a company has its attorneys review the advertising claims before printing them, so I assume here that there have been studies that have concluded that Rip 60 was superior to Insanity or P90X in some way for the study participants. I believe that if Rip 60 can prove that there was a legitimate study done, and that there are credible results showing that Rip 60 was superior in some way, then I think Rip 60 may prevail in the lawsuit. I suppose that Beachbody's attorneys will attempt to replicate the study and prove opposite results, so who knows? It will depend on what the facts and proof are, and what the judge or jury decides (if it ever gets that far).

It is possible that Beachbody's case will end up being settled. Beachbody probably has more money to spend on attorneys, so they will probably drag Rip 60 through the courts, making motions and requesting extensive discovery, which will cause Rip 60 to incur huge attorneys' fees. Rip 60 might decide to change its advertising to avoid the costs of spending a lot of time in litigation with Beachbody.

Beachbody is known to be litigious, so it's no surprise that they are going to go after any company that advertises BB's programs as inferior. I assume that Rip 60's attorneys knew about Beachbody's overworked attorneys

.

PeakFitness · 03-13-11, 11:13 AM

Quote:

Originally Posted by FitBoop

I don't think Beachbody is going to win this case if it goes to trial, but I am basing my opinion on what I saw on the Rip 60 website page, which says at the top that Rip 60 is better than P90X, and that there was a study comparing Rip 60, P90X and Insanity.

Oh that sounds like when Pizza Hut sued Papa John's for saying "better ingredients, better pizza." As if you can't say your product is "better." That's the whole point of marketing, after all. But in that case, they didn't say "better than Pizza Hut" by name, so it is a bit different in that way.

FitBoop · 03-13-11, 11:25 AM

A lot of industries use comparative advertising, such as the auto industry. It's usually legal to use a competitor's name in an ad, but the claims have to be truthful. It seems kind of stupid to make a statement like, "My product is better than Product X", though, because it's much too general. They have to specify how the product is better and have facts to back up the claims. That's why I assume that Rip 60's attorneys have reviewed legitimate studies that have credible results showing that Rip 60 is superior in some way to P90X and Insanity. If not, then they will have damages to pay to BB.

paideiamom · 03-13-11, 11:29 AM

As a court reporter, I

any and all litigation (as long as my name is not on a pleading).
Thanks, BB, for being the litigious little sweethearts you are

.

kat_b · 03-13-11, 03:23 PM

Can someone remind me: Didn't Jane Fonda sue the FIRM back in the late 80s for saying their product was preferred? Anyone remember what the outcome was in that? IIRC (I could be off base: it's been a long time ago), it cost the FIRM a fortune to defend, even though they had the user comments to back it up. But ICON (NordicTrak) has deeper pockets.

icebergslim · 03-13-11, 03:42 PM

Quote:

Originally Posted by acey

I kinda thought BB would go after Supreme 90 - that name invokes P90X bigtime.

I don't believe Supreme 90 ever mentions P90X in their advertising. It is everyone else that has compared the two programs.

Jane P. · 03-13-11, 04:16 PM

Honestly, results are such an individual thing because there are so many variables. For example, what kind of diet were they following? Also, individuals build muscle at different rates. Two people following the same program and eating the exact same thing might not get the same results in the same amount of time.

Of course, none of this means anything when it comes to advertising. They'll say almost anything. I'm surprised they took on BB directly. That company is very aggressive.

Support VF
VF Membership Subscription
Shop These Vendors
Activa	Collage Video
Amazon.com	eBay.com
Amazon.ca (Canada)	Half.com
Amazon.co.uk (UK)	Junonia
Amazon.fr (France)	Onehanesplace.com
BN.com	Overstock.com
Buy.com	Road Runner Sports
CenturyFitness.com	Sierra Trading Post

03-13-11, 10:28 AM
acey Join Date: May 2004 Location: NYC	I kinda thought BB would go after Supreme 90 - that name invokes P90X bigtime. __________________ Red Bull addict and not ashamed--mystique has nothing to do with it!

03-13-11, 10:42 AM
Pie VF Supporter Join Date: Jan 2003 Location: Illinois	Not surprised. Rip should have never mentioned Beachbody's products by name...... __________________ Pie CLX, Insanity, P90X, STS, RKS, Tapout, 21DF and 21DFX grad...... _______________________________________ Do. Or, do not. There is no try...... - Yoda Results are not made in the Comfort Zone........ - Mike Karpenko

03-13-11, 10:57 AM
FitBoop VF Supporter Join Date: Nov 2001	I don't think Beachbody is going to win this case if it goes to trial, but I am basing my opinion on what I saw on the Rip 60 website page, which says at the top that Rip 60 is better than P90X, and that there was a study comparing Rip 60, P90X and Insanity. I would assume that a company has its attorneys review the advertising claims before printing them, so I assume here that there have been studies that have concluded that Rip 60 was superior to Insanity or P90X in some way for the study participants. I believe that if Rip 60 can prove that there was a legitimate study done, and that there are credible results showing that Rip 60 was superior in some way, then I think Rip 60 may prevail in the lawsuit. I suppose that Beachbody's attorneys will attempt to replicate the study and prove opposite results, so who knows? It will depend on what the facts and proof are, and what the judge or jury decides (if it ever gets that far). It is possible that Beachbody's case will end up being settled. Beachbody probably has more money to spend on attorneys, so they will probably drag Rip 60 through the courts, making motions and requesting extensive discovery, which will cause Rip 60 to incur huge attorneys' fees. Rip 60 might decide to change its advertising to avoid the costs of spending a lot of time in litigation with Beachbody. Beachbody is known to be litigious, so it's no surprise that they are going to go after any company that advertises BB's programs as inferior. I assume that Rip 60's attorneys knew about Beachbody's overworked attorneys .

03-13-11, 11:25 AM
FitBoop VF Supporter Join Date: Nov 2001	A lot of industries use comparative advertising, such as the auto industry. It's usually legal to use a competitor's name in an ad, but the claims have to be truthful. It seems kind of stupid to make a statement like, "My product is better than Product X", though, because it's much too general. They have to specify how the product is better and have facts to back up the claims. That's why I assume that Rip 60's attorneys have reviewed legitimate studies that have credible results showing that Rip 60 is superior in some way to P90X and Insanity. If not, then they will have damages to pay to BB.

03-13-11, 11:29 AM
paideiamom VF Supporter Join Date: Mar 2008 Location: Atlanta-ish	As a court reporter, I any and all litigation (as long as my name is not on a pleading). Thanks, BB, for being the litigious little sweethearts you are. __________________ If you need a hug today, consider yourself hugged. "Moderation is remembered only after the deed is done." Mirabelle Watkinson, fabulous writer in residence. "I am patient with stupidity but not those who are proud of it." Edith Sitwell Words matter. I thought I had seen it all. Then I tried on my bathing suit. (Unknown sage at craft show)

03-13-11, 03:23 PM
kat_b Join Date: Dec 2001 Location: Somewhere between here and there, VA	Can someone remind me: Didn't Jane Fonda sue the FIRM back in the late 80s for saying their product was preferred? Anyone remember what the outcome was in that? IIRC (I could be off base: it's been a long time ago), it cost the FIRM a fortune to defend, even though they had the user comments to back it up. But ICON (NordicTrak) has deeper pockets.

03-13-11, 04:16 PM
Jane P. VF Supporter Join Date: Oct 2001 Location: Colorado Springs	Honestly, results are such an individual thing because there are so many variables. For example, what kind of diet were they following? Also, individuals build muscle at different rates. Two people following the same program and eating the exact same thing might not get the same results in the same amount of time. Of course, none of this means anything when it comes to advertising. They'll say almost anything. I'm surprised they took on BB directly. That company is very aggressive. __________________ "The two most powerful warriors are patience and time." Leo Tolstoy