Printed from BusinessInsurance.com

OFF BEAT: Pink owners seeing red

Posted On: May. 22, 2012 12:00 AM CST

The owners of Pink Iron women’s fitness studio in Los Angeles are turning red with rage after Dr. Phil’s son allegedly pilfered their gym’s name and brand to create a new diet and exercise system being sold on the celebrity psychologist’s TV show.

In a breach of contract lawsuit filed this month in Los Angeles County Superior Court, Pink Iron founder Holly Holton and Pink Iron President Rick Robles claim that Jay McGraw, the son of TV personality Dr. Phil McGraw, used Pink Iron’s name and brand to create home fitness videos, fitness clothes and accessories without compensating them. In addition, the suit asserts that these purloined items are being marketed in conjunction with a weight-loss program called the “P.I.N.K.” (Power, Intensity, Nutrition and Kardio) method created by Cynthia Pasquella, a former fitness competitor who is unrelated to the gym.

The dispute began after an agreement reached in January between Pink Iron gym owner Ms. Holton and Pink Iron Home Fitness President Scott Waterbury fell apart, and Mr. Waterbury changed the name of his company to P.I.N.K. Method after incorporating Ms. Pasquella’s diet program.

The P.I.N.K. Method diet has become a commercial hit after selling 150,000 copies in just three months, thanks to being promoted on the “Dr. Phil Show,” the lawsuit states.

Moreover, “it does not appear to be a coincidence that defendant Pink Iron Home Fitness’ spokesperson, Holly Holton, and defendant P.I.N.K. Method’s spokesperson, Cynthia Pasquella, share a striking resemblance,” according to the complaint.

In addition to naming Jay McGraw, the lawsuit also names his publishing company, M Print Publishing Inc., along with Mr. Waterbury and the creator of the P.I.N.K. weight-loss program.

It does not, however, name Dr. Phil.