Hyper Ice, Inc. v. MC Innovations, LLC, cacdc:8:2021cv00798

Electric massage appliances, namely, electric vibrating massager; Electronic stimulation apparatus for percussion therapy to muscles for physical therapy purposes; Massage apparatus attachment heads for applying different types of therapeutic treatments; Foam rollers for use in physical therapy; Massage apparatus and instruments; Heating pads for medical purposes, Therapeutic hot and cold compression wraps and pads and structural parts therefor; Adhesive heat and vibration devices, namely, massage apparatus and pads for medical purposes; Vibrating apparatus used to stimulate muscles and increase strength and physical performance for health and medical purposes; Electrotherapy devices for applying pneumatic compression for treating medical conditions and for physical therapy purposes; Medical storage containers specially adapted for massagers, electric percussive massagers, and massage apparatus and instruments; Waveform compression massage apparatus for treating medical conditions and for physical rehabilitation purposes; Electromedical rehabilitative and pain management products for clinical and home use, namely, muscle stimulators, and air compression therapeutic wraps and massage apparatus used to relieve muscle aches, pain and to temporarily increase circulation;

Heating pads for medical purposes; massage apparatus; electronic muscle stimulator apparatus for physical therapy, rehabilitative and pain management purposes; adhesive heating pad for medical purposes; adhesive heat and vibration massage apparatus for medical purposes;

Adhesive heat and vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance;

An integrated feature of electronic muscle stimulator devices for physical therapy, rehabilitative and pain management purposes that pairs the device boots, providing simultaneous effects in both legs; electronic muscle stimulator devices for physical therapy, rehabilitative and pain management purposes;

Downloadable software applications to manage, monitor and track physical fitness and therapy programs, to analyze and report data from therapy and massage devices, and to formulate therapy and physical strength and fitness programs; Voice controlled smart digital audio media hubs using artificial intelligence comprised of voice-activated speakers, computer hardware, and downloadable software used for controlling networked devices in the internet of things (IoT) that are used in the collecting, processing and transmitting of physical fitness data and healthcare data and information; Downloadable software in the nature of mobile applications for analyzing physical fitness and activity data using artificial intelligence; Downloadable software using artificial intelligence for interacting with users in the fields of healthcare, preventative health, physical fitness and rehabilitation and nutrition; Downloadable videos and electronic data files featuring fitness and physical rehabilitation therapy sessions, training and information; Battery chargers, Batteries, Battery charging bases; Charging appliances for rechargeable equipment; downloadable pre-recorded videos featuring athletic and fitness training sessions;

Electric massage appliances, namely, electric vibrating massager; Electronic stimulation apparatus for percussion therapy to muscles for physical therapy purposes, and accessories therefor; electric vibrating massagers; Massage apparatus attachment heads for applying different types of therapeutic treatments; Foam rollers for use in physical therapy; Massage apparatus; Heating pads for medical purposes; Therapeutic hot and cold compression wraps and pads and structural parts therefor; Adhesive heating pad for medical purposes; adhesive heat and vibration massage apparatus for medical purposes; Vibrating apparatus used to stimulate muscles and increase strength and physical performance for health and medical purposes; Electrotherapy devices for applying pneumatic compression for treating medical conditions and for physical therapy purposes; Storage containers specially adapted for massagers, electric percussive massagers, and massage apparatus and instruments; Waveform compression massage apparatus for treating medical conditions and for physical rehabilitation purposes; Electromedical rehabilitative and pain management products for clinical and home use, namely, electronic muscle stimulators for physical therapy purposes, and therapeutic air compression leg wraps and air compression massaging apparatus used to relieve muscle aches, pain and to temporarily increase circulation;

Foam exercise rollers; Vibrating apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance; Physical fitness equipment, namely, an exercise and training foam roller; Adhesive heat and vibration apparatus used in fitness and exercise programs to stimulate muscles and increase strength and physical performance;

Customer services, namely, providing consumer product advice relating to massagers; Customer services, namely, providing product support in the nature of consumer product information in the field of massage and physical therapy and rehabilitation devices; provision of online retail store services featuring equipment for physical fitness, therapy and rehabilitation, namely, vibrating electric devices to stimulate muscles, increase strength and physical performance, percussive massage devices, massagers, foam rollers for physical fitness and therapy, hot and cold compression wraps; provision of retail store services featuring physical fitness, therapy and rehabilitation equipment and devices;

Providing individual and group instruction and information in the fields of fitness and exercise; Physical fitness conditioning classes; Personal training services, namely, providing strength and condition training and personal fitness instruction and information for physical rehabilitation, strength, fitness and exercise purposes; providing online, non-downloadable pre-recorded videos featuring athletic and fitness training sessions; Educational services, namely, courses of instruction in the fields of fitness, athletic training, health and wellness; Publication of online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, athletic training, fitness and nutrition; Providing online non-downloadable videos in the fields of physical rehabilitation, and athletic, strength and fitness training;

Providing temporary use of online, non-downloadable computer software for tracking fitness, strength, physical recovery, health and wellness goals and statistics; Providing temporary use of online, non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, strength, physical rehabilitation, and nutrition; Providing temporary use of online, non-downloadable software for creating personalized fitness, strength and physical rehabilitation training programs; Providing temporary use of online, non-downloadable software for providing personal training services, workouts, physical rehabilitation and fitness assessments; Software as a service (SaaS) services featuring software that enables management and tracking of participation and progress in fitness, wellness, strength, and physical therapy and rehabilitation programs; Software as a service (SaaS) services featuring software for use in designing, creating and analyzing data, metrics and reports in the areas of health, fitness, strength, athletic training, and physical therapy and rehabilitation; Providing temporary use of web-based software applications using artificial intelligence to collect, systematize, compile, store, transmit, process and analyze data in the fields of physical therapy, rehabilitation, health and wellness; Software as a service (SAAS) services featuring artificial intelligence software for making medical and physical therapy and rehabilitation recommendations and changes; Software as a service services featuring software for analyzing physical and activity data using artificial intelligence; Software as a service (SAAS) services featuring software that enables users to enter, access, track, monitor and generate health and medical information and reports;

Downloadable software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, audio, image and digital files in the field of physical activity; downloadable computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring, coaching, workouts and fitness assessments; downloadable mobile application software for creating personalized fitness training programs;

Devices for applying pneumatic waveform compression for treating medical conditions and for physical recovery and rehabilitation; therapeutic cold compression wraps;

Publication of online journals, namely, blogs featuring commentary, advice and information in the fields of health, wellness, athletic training, fitness and nutrition; providing online non-downloadable videos in the field of physical rehabilitation, and athletic, strength and fitness training for educational purposes.;

Providing temporary use of non-downloadable computer software for tracking fitness, strength, physical recovery, health and wellness goals and statistics; providing temporary use of non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, strength, and physical rehabilitation for facilitating physical recovery and fitness; providing temporary use of non-downloadable software for creating personalized fitness, strength and physical rehabilitation training programs;