177112581109

Case 3:19-cv-01823-B Document 1 Filed 07/30/19 Page 1 of 52 PageID 1
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
ASGAARD FUNDING LLC d.b.a. )

THE AASGAARD COMPANY ) CASE NO.
3118 Buchanan Street )
Wichita Falls, Texas 76308
)
JUDGE
Plaintiff, )
)
vs. ) COMPLAINT
)
REYNOLDSSTRONG LLC d.b.a. ) (JURY TRIAL DEMANDED)
Barbell Logic and Barbell Logic )
Online Coaching )
c/o Ryan Matthew Reynolds, as )
registered agent
2533 East Moonlight )
Springfield, Missouri 65738 )
)
2333 West Dearborn Street
Springfield, Missouri 65807
1. This action arises from Defendant ReynoldsStrong LLC’s (“ReynoldsStrong” or
“Defendant”) breach of contract and infringement of trademarks owned and used by Plaintiff
Asgaard Funding LLC d.b.a. The Aasgaard Company (“Aasgaard”). Since 2005, Aasgaard has
held federal copyright registrations for its best-selling and most highly-regarded book, Starting
Strength: Basic Barbell Training (SS:BBT), which has gone through three editions. Aasgaard
also has registered several trademarks with the U.S. Patent and Trademark Office (collectively,
the “Starting Strength Trademarks”), including Trademark Nos. 4072828, 4263376, 4357670,
5190583, and 5801678. Despite knowledge of Aasgaard’s protected marks, ReynoldsStrong
impermissibly is using Aasgaard’s registered trademarks or marks confusingly similar to them in
connection with the marketing and sale of online coaching services, in violation of the Lanham
Act and a licensing agreement (now terminated) between the parties. Aasgaard has been and is
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likely to continue to be injured by ReynoldStrong’s trademark infringement, trademark dilution,
unfair competition, and contract breaches unless and until ReynoldsStrong is enjoined from
using the infringing domains. ReynoldsStrong also has failed to pay royalty amounts due under
the licensing agreement.
PARTIES
2. Aasgaard is a Texas limited liability company with principal place of
business in Wichita Falls, Texas. Aasgaard has two members: Stef Bradford, Ph.D., and
Mark Rippetoe (“Rippetoe”), who also authors most of the books and many of the articles
that Aasgaard publishes.
3. Founded in 2005 initially as a partnership, Aasgaard publishes and distributes
books and other media that promote the application of science to training and conditioning.
Aasgaard also provides training seminars and educational symposia for athletes and strength
and conditioning professionals. As further described below, Aasgaard and its brand,
Starting Strength™, have become industry-recognized leaders in strength and conditioning.
4. Among other things, Aasgaard currently operates Starting Strength Online
Coaching (“SSOC”) through the website www.startingstrengthonlinecoaching.com. SSOC
allows consumers who desire to receive strength and conditioning coaching through an online
medium to search for and retain Starting Strength™ Coaches (certified by Aasgaard) who
provide such services. Since June 11, 2019, Aasgaard’s SSOC has been the only online coaching
service officially recognized, approved, and licensed by Aasgaard.
5. ReynoldsStrong is a Missouri limited liability company that provides training and
conditioning coaching services. Upon information and belief, Ryan Matthew Reynolds is
ReynoldsStrong’s sole member.
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6. Prior to June 11, 2019, ReynoldsStrong operated SSOC, using the
startingstrengthonlinecoaching.com domain name under a license granted by Aasgaard pursuant
to a written agreement.
7. Since June 11, 2019, ReynoldsStrong has operated Barbell Logic Online
Coaching (“BLOC”) through the website https://barbell-logic.com. Like SSOC, BLOC provides
strength and conditioning services through an online medium.
JURISDICTION AND VENUE
8. This Court has subject matter jurisdiction over Counts I, II, and III, which are
federal trademark infringement, unfair competition, and trademark dilution claims under the
Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and 1125(c), pursuant to 28 U.S.C. §§ 1331 and
1338(a) and 15 U.S.C. § 1121.
9. This Court has supplemental jurisdiction over the Texas state law claims pursuant
to 28 U.S.C. § 1367 because they are part of the same case or controversy.
10. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because a substantial
part of the events giving rise to Aasgaard’s claims arose in this District, and a substantial part of
the property that forms the subject of this action (i.e., Aasgaard’s Marks and
startingstrengthonlinecoaching.com web domain) are situated in this District.
11. Venue is also proper pursuant to a mandatory forum selection clause in Section 18
of the License Agreement (defined below), which states: “The parties irrevocably submit to the
exclusive jurisdiction of the State and Federal courts of Texas[.]”
12. This Court has personal jurisdiction over ReynoldsStrong pursuant to Tex. Civ.
Prac. & Rem. Code § 17.042 because ReynoldsStrong contracted with Aasgaard, a Texas
resident, and the parties each were to perform the contract in whole or in part in Texas. This
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Court also has personal jurisdiction over ReynoldsStrong because ReynoldsStrong sells products
and services that are the subject of this Complaint to customers located in Texas. This Court also
has personal jurisdiction over ReynoldsStrong pursuant to Section 18 of the License Agreement,
where ReynoldsStrong “irrevocably submit[ted]” to this Court’s jurisdiction.
FACTUAL BACKGROUND
I. Aasgaard develops Starting Strength, which becomes one of the most influential
brands in the fitness industry.
13. In 2005, Aasgaard published the first edition of its seminal book, Starting
Strength. Aasgaard subsequently published a second edition of Starting Strength in 2007, and a
third edition in 2011.
14. Starting Strength offers a simple, logical, and practical approach to strength
training for people of nearly all ages, genders, abilities, athletic history, and body types. It
provides biomechanical and physiological explanations for different barbell lifts (including
diagrams, pictures, and illustrations to explain the lifts and the biomechanical and physiological
processes underlying each one), teaching methods for learning the lifts, and programming
guidance. Starting Strength is based on over 30 years of training and coaching experience by
Rippetoe, its author.
15. Starting Strength is arguably the most influential book on strength training that
has ever been written. The three editions of Starting Strength have sold hundreds of thousands
of copies worldwide in print, electronic, and audiobook format, with the bulk of the sales being
for the third edition. Starting Strength (3d ed.) has been translated into seven languages.
16. At one point, the third edition of Starting Strength reached #23 on Amazon.com’s
best-seller list for all titles, and it is far and away the top selling barbell training book of all time.
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It currently enjoys an average 4.8 out of 5 star rating on Amazon.com with over 1,500 customer
reviews, and has been lauded by numerous media outlets, including in The New York Times.
17. In addition to publishing and selling books, Aasgaard conducts up to fifteen
weekend-long seminars (“Starting Strength Seminars”) each year at various locations throughout
the country to teach the coaching and lifting methods from Starting Strength and the
biomechanical and physiological foundations of coaching, lifting, and programming methods.
18. In addition to teaching the methods and intellectual foundations of Starting
Strength, Starting Strength Seminars also are used to identify and certify a very limited number
of Starting Strength™ Coaches who demonstrate exceptional proficiency in coaching ability.
To-date, while thousands of individuals have attended the Starting Strength Seminars or their
predecessor seminars since 2007, there are only approximately 120 active Starting Strength
Coaches.
19. Aasgaard has also developed the Official Starting Strength™ App, available for
both iPhone and Android devices at the Apple Store, Google Play, and Amazon.
20. As a further means of promoting its products and the Starting Strength™
methodology, Aasgaard runs two websites, www.startingstrength.com and
www.aasgaardco.com. In addition to providing a vehicle to purchase Aasgaard’s products and
services, the www.startingstrength.com website contains several different forums for visitors to
discuss various aspects of training, technique, and fitness goals, and it also frequently publishes
articles and videos written by Rippetoe, Starting Strength™ Coaches, and other knowledgeable
and highly-regarded members of the strength and conditioning industry. The website receives
over half a million sessions per month.
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21. Between the books it publishes, the seminars it conducts, the coaches it certifies,
and the material that it provides on its website, Aasgaard has become a leading national authority
in matters relating to strength and conditioning. As a result, the Starting Strength Trademarks
have become highly valuable.
II. Aasgaard’s Trademarks
22. Aasgaard has developed unique and inherently distinctive marks to market and
sell its books, seminars, and other products and services under its STARTING STRENGTH
brand.
23. Aasgaard has also used its distinctive marks to license the STARTING
STRENGTH brand and associated goodwill to certain approved products and services. These
licensing agreements are for purposes of augmenting and increasing the value and goodwill
associated with the STARTING STRENGTH brand.
24. Aasgaard owns a federal trademark registration issued by the U.S. Patent and
Trademark Office (“USPTO”) for its famous STARTING STRENGTH Mark, as well as for
several other word marks without any associated design (commonly referred to as “word
marks”):
Registered Trademark Registration No. and Goods and Services

Date
3657862
July 21, 2009 Books in the field of physical

STARTING STRENGTH
fitness
(superseded by Reg.
No. 5190583)
Digital media, audio and
video recordings, conducting
4072828
workshops and seminars,
STARTING STRENGTH
providing a website for
December 20, 2011
educational and
entertainment purposes
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relating to strength,
conditioning, and physical
fitness training
4263376
STARTING STRENGTH Fitness and exercise facilities
December 25, 2012
4357670 Computer applications and

STARTING STRENGTH software in field of health,
June 25, 2013 fitness, and exercise
5190583
Books in the field of physical
STARTING STRENGTH
fitness
April 25, 2017
Among other things,
barbells, exercise weights,
5801678
weightlifting belts, exercise
STARTING STRENGTH
equipment, weight lifting
July 9, 2019
benches, and manually-
operated exercise equipment
25. Each of these trademark registrations is valid, in good standing, and in full force
and effect.
26. Aasgaard’s federal trademark registrations for the Starting Strength Trademarks
are incontestable pursuant to 15 U.S.C. § 1065. Accordingly, these registrations provide
conclusive evidence of the validity of these registrations, Aasgaard’s ownership of these
trademarks, and Aasgaard’s exclusive right to use these trademarks in connection with the goods
specified in the registrations.
27. In addition to Aasgaard’s common law rights based on its longstanding use of the
famous STARTING STRENGTH Mark in interstate commerce in the United States, Aasgaard
has a presumption of the exclusive, nationwide right to use the STARTING STRENGTH Mark
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dating back over a decade decade to July 21, 2009, the date the USPTO issued Registration No.
3657862 for the STARTING STRENGTH Mark.
28. Aasgaard also uses a variety of other trademarks that incorporate the STARTING
STRENGTH Mark to sell Starting Strength products and services and further increase the value
of the Starting Strength brand. These include Starting Strength™ Coaches, Starting Strength™
Seminars, Starting Strength™ Camps, Starting Strength™ Online Coaching, a Starting
Strength™ Coach Development Program, and various Starting Strength™ products and services
(collectively with Aasgaard’s registered trademarks, the “Starting Strength Trademarks”).
29. All of the foregoing trademarks, both registered and unregistered, were in effect
and being used well before ReynoldsStrong began using the Starting Strength Trademarks or
marks confusingly similar to them.
30. Aasgaard has continuously used one or more of the Starting Strength Trademarks
in association with the sale of Aasgaard’s products and services since 2009.
31. Aasgaard markets and sells Starting Strength products and services nationwide,
and also licenses the Starting Strength Trademarks for limited, approved products and services
that, in Aasgaard’s business judgment, will increase the value and goodwill associated with the
Starting Strength brand.
32. Since 2009, Aasgaard has generated millions of dollars in revenue from sales of
Starting Strength products and services (including officially-licensed products and services) in
the United States and worldwide.
33. Starting Strength products and services are sold through various channels of trade,
including but not limited to the following:
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a. Starting Strength books and videos (including Starting Strength), seminars,
and merchandise are directly sold through Aasgaard’s websites,
www.startingstrength.com and www.aasgaardco.com, as well as third-party
sites such as Amazon.com, ACX, Audible, and iTunes.
b. Starting Strength™ Coaches, who hold the Starting Strength™ Coach
credential issued by Aasgaard, can be located and contacted through another
website Aasgaard runs, www.startingstrength.org, by members of the public
seeking strength and conditioning coaching from a certified Starting
Strength™ Coach.
c. Starting Strength™ Coaches can be located and contacted through another
website Aasgaard runs, www.startingstrengthonlinecoaching.com, for
members of the public seeking strength and conditioning coaching from a
certified Starting Strength™ Coach through an online medium.
d. Aasgaard also has recognized 18 Starting Strength™ Affiliate Gyms and has
five franchisees committed to opening nine Starting Strength™ Gyms. Two
Starting Strength™ Gyms are open, and three more are scheduled to be
opened by the end of 2019.. All of these gyms are officially approved and
licensed by Aasgaard and are identified and hyperlinked at
https://startingstrength.com/gyms/.
e. Starting Strength books and videos are sold through Amazon.com.
34. Officially-licensed Starting Strength products and services—all of which bear one
or more of the Starting Strength Trademarks—also are sold through third-party websites,
including but not limited to the following:
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a. Starting Strength™ weight benches, power racks, and weight trees are
manufactured and sold by Texas Strength Systems at
www.texasstrengthsystems.com.
b. Starting Strength™ barbells are manufactured by Buddy Caps and sold by
Texas Power Bars at www.texaspowerbars.com.
c. Starting Strength™ weight belts are manufactured and sold by Dominion
Strength Training at www.dominionsstrengthtraining.com.
35. Aasgaard has expended substantial time, money, and resources marketing,
advertising, and promoting the Starting Strength products and services (whether directly
provided by Aasgaard or officially licensed to a third party) sold under the distinctive Starting
Strength Trademarks throughout the United States and the world in a variety of different forms
and media.
36. Aasgaard also has promoted the Starting Strength Trademarks and Starting
Strength products and services on its Facebook page
(www.facebook.com/OfficialStartingStrength/) and Rippetoe’s Facebook page
(https://www.facebook.com/mark.rippetoe.7/) since 2011. The Starting Strength Facebook page
has over 21,000 followers and Rippetoe’s Facebook page has over 42,000 followers.
Strength products and services on its Twitter page (www.twitter.com/SS_strength) and
Rippetoe’s Twiter page (https://twitter.com/CoachRippetoe) since 2011. The Starting Strength
Twitter Account has nearly 20,000 followers and has sent out nearly 3,700 tweets, and
Rippetoe’s Twitter Account has over 21,000 followers and has sent out 1,900 tweets.
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Strength products and services on its Instagram page at www.instagram.com/startingstrength.
The Starting Strength Instagram Account has approximately 45,400 followers and has sent out
885 posts.
39. Aasgaard also has promoted its Starting Strength Trademarks and Starting
Strength products and services through a public Starting Strength group on Facebook, which has
over 15,000 members. (https://www.facebook.com/groups/StartingStrength/)
Strength products and services on its YouTube channel at
https://www.youtube.com/user/AasgaardCo since March 2009. The Starting Strength YouTube
Account has over 146,000 subscribers, and its videos collectively have more than 17.5 million
views.
41. Starting Strength and the Starting Strength Trademarks also have been featured in
numerous third-party publications, including The New York Times, Men’s Health, The Guardian,
and Muscle & Fitness.
42. Aasgaard’s intellectual property, including the Starting Strength Trademarks and
copyrights that Aasgaard holds, are the lifeblood of Aasgaard’s business. Aasgaard’s value
derives almost entirely from its intellectual property. Accordingly, Aasgaard vigilantly and
aggressively protects all of its intellectual property rights, including the Starting Strength
Trademarks, against actual and potential infringers.
43. As a result of Aasgaard’s longstanding, continuous, widespread, and exclusive
use of the distinctive Starting Strength Trademarks in connection with the promotion and sale of
Starting Strength products and services (including officially-licensed products and services),
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publicity for the Starting Strength Trademarks through print and on-line materials, the
recognition of the Starting Strength Trademarks throughout the United States, and the other
efforts of Aasgaard noted above, Aasgaard owns valid and subsisting federal statutory and
common law rights to the Starting Strength Trademarks.
44. Furthermore, as a result of their distinctiveness and widespread use and promotion
throughout the United States, Aasgaard’s STARTING STRENGTH Mark and the related
Starting Strength Trademarks famous trademarks within the meaning of Section 43(c) of the
Lanham Act, 15 U.S.C. 1125(c), and became famous prior to ReynoldsStrong’s use of the
Starting Strength Trademarks or marks confusingly similar to them.
III. Aasgaard licenses its STARTING STRENGTH Mark to ReynoldsStrong.
45. In or around November 2016, Aasgaard and ReynoldsStrong negotiated a Starting
Strength Mark License Agreement whereby ReynoldsStrong was given the exclusive right to use
the STARTING STRENGTH Mark and a web domain that Aasgaard owned,
startingstrengthonlinecoaching.com (the “Domain Name”), in connection with the marketing,
promotion, and provision of online strength and fitness coaching services provided by certified
Starting Strength™ Coaches. An amended version of the Starting Strength Mark License
Agreement was executed in April 2018, and remained in operation until Aasgaard terminated it
on June 11, 2019. A true and accurate copy of the April 2018 version of the license agreement
(the “Agreement”) is attached as Exhibit A.
46. Under the Agreement, ReynoldsStrong would be able to exclusively market,
promote, and provide online strength and fitness coaching services using the STARTING
STRENGTH Mark in the form of “Starting Strength Online Coaching” or “SSOC.”
ReynoldsStrong would also be able to exclusively use the startingstrengthonlinecoaching.com
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domain name to market, promote, and provide such online services. In exchange,
ReynoldsStrong was to pay a 5 percent quarterly royalty on all revenue received.
IV. ReynoldsStrong creates Barbell Logic, which it describes as a “co-brand” or “sister

brand” of SSOC.
47. Section 7(b) of the Agreement stated that ReynoldsStrong’s “[u]se of the Marks
within a DBA is acceptable only as ‘Starting Strength Online Coaching’ or ‘SSOC,’” and that
“use of the Marks may only be in connection with, or ancillary to, Licensee’s primary business
name.” Section 7(b) further prohibited ReynoldsStrong from “us[ing] the Marks as whole or part
of a domain name other than via the Domain Name [i.e., startingstrengthonlinecoaching.com]
use licensed herein.”
48. Section 7(b) of the Agreement is substantively identical to, and contains almost
exactly the same wording as, Section 7(b) of the previous licensing agreement executed in or
around November 2016.
49. In or around August 2017, ReynoldsStrong created the brand “Barbell Logic.”
50. ReynoldsStrong intended that Barbell Logic would be a content arm for SSOC,
which included articles, podcasts, videos, and newsletters created by individuals working for
ReynoldsStrong.
51. Barbell Logic was created at least in part to increase traffic to SSOC, and thereby
result in greater revenue for ReynoldsStrong d.b.a. SSOC.
52. On or about December 20, 2018, Barbell Logic released a podcast entitled “SSOC
and The Shape of Things to Come.”
53. The December 20, 2018 podcast was entirely devoted to discussing SSOC,
including its relationship to Barbell Logic, the launching of the “SSOC Coaching Academy,” and
SSOC’s future outlook.
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54. During the December 20, 2018 podcast, Ryan Matthew Reynolds, the sole
member of ReynoldsStrong, stated, among other things, that:
a. Barbell Logic was launching the “SSOC Coaching Academy”;
b. “we are never, ever breaking away from Starting Strength”;
c. “Barbell Logic is the content arm of Starting Strength Online Coaching.
Starting Strength Online Coaching is the service arm of Barbell Logic.
Barbell Logic and Starting Strength Online Coaching are co-brands—or better
yet, sister brands—of the parent brand Starting Strength.”
55. ReynoldsStrong consistently associated Barbell Logic with SSOC and treated the
two interchangeably. Among other things:
a. Barbell Logic’s podcasts all contained an introduction stating: “Barbell Logic,
brought to you by Starting Strength Online Coaching.”
b. Barbell Logic’s newsletters—which included advertisements for Barbell
Logic products (including Barbell Logic training camps)—were designated as
originating from “Starting Strength Online Coaching,” were represented as
being copyrighted by “Starting Strength Online Coaching,” and contained
contact information for SSOC at the bottom of each newsletter. The
following is one example:
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c. The SSOC Instagram account run by ReynoldsStrong used the Barbell Logic
logo at the bottom of its posts, with “startingstrengthonlinecoaching” written
next to it. The following is one example:
d. Barbell Logic’s website pages—including the coloring, layout, font type and
size, and links—were indistinguishable from SSOC’s website pages. Both
Barbell Logic’s and SSOC’s website pages displayed Barbell Logic’s light
bulb icon.
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e. Barbell Logic products—including Barbell Logic training camps—were sold
through the SSOC webpage and Domain Name.
f. Barbell Logic provided online “Barbell Logic Online Coaching Client
Spotlights,” which was intended to share the experiences of SSOC clients. It
subsequently changed the spotlights to “SSOC Online Coaching Spotlights.”
g. Upon information and belief, ReynoldsStrong repeatedly referred to Barbell
Logic and SSOC being related or co-brands in internal postings to then-SSOC
clients and employees.
56. Upon information and belief, ReynoldsStrong ran all revenues from both SSOC
and Barbell Logic through a single business account held by ReynoldsStrong.
57. Upon information and belief, ReynoldsStrong ran all payments for both SSOC
and Barbell Logic sales and products through a single payment portal held by ReynoldsStrong.
58. Upon information and belief, ReynoldsStrong commingled all SSOC and Barbell
Logic revenues and expenses.
59. Upon information and belief, ReynoldsStrong reported all SSOC and Barbell
Logic revenues and expenses on the same federal and state tax forms.
60. Because of ReynoldsStrong’s treatment of Barbell Logic and SSOC as part of the
same single business enterprise, the public associated Barbell Logic with SSOC, and vice versa.
61. Among other things, members of the public used “Barbell Logic” and “SSOC”
interchangeably, provided testimonials for the “Barbell Logic online coaching program” while it
was still being run as SSOC, and suggested that individuals could find a Starting Strength™
Coach for online coaching with “Barbell Logic.”
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62. Even today, members of the public associate “Barbell Logic” with “SSOC,” and
even refer to the two interchangeably, even though SSOC is now being run exclusively by
Aasgaard, and SSOC and Barbell Logic are not affiliated with each other.
V. The Coaching Academy.
63. In or around October 2018, ReynoldsStrong launched the “SSOC Coaching
Academy.”
64. The stated SSOC Coaching Academy Mission was “to provide a structured,
comprehensive, high quality education and internship program that allows SSOC to identify,
educate, and train future Starting Strength Coaches and SSOC Staff Coaches.”
65. The SSOC Coaching Academy also included a “Pathway from Student to SSOC
Coach.” Under the Pathway, a student would first complete the Education Program and a limited
number of those students would be invited to become an SSOC Intern. Once an intern obtained a
Starting Strength™ Coach certification from Aasgaard, he or she would become an SSOC Staff
Coach.
66. The Pathway was intended to serve as a pipeline to recruit future SSOC
employees.
67. ReynoldsStrong created a downloadable pdf document describing the SSOC
Coaching Academy, which was available on the SSOC website through at least February 2019.
A true and accurate copy of the pdf document is attached as Exhibit B.
68. The document’s cover page is titled “Coaching Academy.” At the bottom of the
title page, the Barbell Logic light bulb icon and the words “Starting Strength Online Coaching”
are prominently displayed.
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69. Aside from the title page and table of contents, the document is nine pages long.
The document uses the phrase “Starting Strength Online Coaching” 3 times and the acronym
“SSOC” 57 times.
70. Based on ReynoldsStrong’s representations regarding the SSOC Coaching
Academy and the manner in which the SSOC Coaching Academy was presented to the public,
members of the public, SSOC Coaching Academy students, and SSOC employees referred to the
program as the “SSOC Coaching Academy” and assumed that it was part of SSOC.
71. ReynoldsStrong always represented to Aasgaard that the SSOC Coaching
Academy was part of SSOC.
72. In fact, on October 3, 2018, ReynoldsStrong attempted to post an announcement
on the Starting Strength forum run by Aasgaard entitled “Introducing the SSOC COACHING
ACADEMY,” the first sentence of which said “We’re excited to announce the launch of the
Starting Strength Online Coaching’s COACHING ACADEMY!” The announcement also
included weblinks to the startingstrengthonlinecoaching.com domain.
73. Based on ReynoldsStrong’s representations, on November 28, 2018, Aasgaard
made a post on its forum at www.startingstrength.com that identified the “SSOC Coaching
Academy” as a potential way of helping individuals become better coaches and potentially
become a Starting Strength™ Coach, noted that “SSOC has already started with the Coaching
Academy and their internship program,” and provided a website link to the “SSOC Coaching
Academy page,” which ReynoldsStrong placed on the startingstrengthonlinecoaching.com
domain.
74. ReynoldsStrong never told Aasgaard that Aasgaard’s November 28, 2018 post
was inaccurate, or that the SSOC Coaching Academy was not part of SSOC.
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VI. Aasgaard terminates the Agreement due to ReynoldsStrong’s failure to cure

breaches of the Agreement.
Aasgaard discovers ReynoldsStrong’s breaches of the Agreement
75. In early February 2019, Aasgaard became suspicious that ReynoldsStrong did not
accurately report revenues earned from SSOC for purposes of paying the royalty for the fourth
quarter of 2018.
76. It also appeared that ReynoldStrong was not including SSOC Coaching Academy
revenues given the similarity of revenues to the previous quarter, and given Mr. Reynolds’s
representation during a phone call that over 100 individuals were enrolled in the SSOC Coaching
Academy at $179 per month, which revenues did not appear to be accounted for in the royalty
payments.
77. In February 2019, Aasgaard learned that ReynoldsStrong was not reporting as
revenue SSOC coaches who purchased SSOC online coaching. Specifically, if an SSOC coach
also purchased online coaching from SSOC, rather than report the SSOC coach’s purchase of
online coaching as revenue, ReynoldsStrong deducted the SSOC coach’s purchase from the
SSOC coach’s paycheck. This created both an artificially lower paycheck to the SSOC coach
and also underreported revenue from purchases of SSOC online coaching.
78. ReynoldsStrong did not disclose this business practice to Aasgaard prior to
Aasgaard’s discovery of it.
79. On February 6, 2019, after being confronted with the discrepancy,
ReynoldsStrong admitted in writing to Aasgaard that “95% of SSCs [Starting Strength Coaches
working for SSOC] who get coaching at SSOC just have it taken out of their pay checks and
added to the coaches’ paycheck. . . . But that $$ never comes in or counts as revenue.”
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80. Aasgaard also learned that some individuals who received SSOC online coaching
were not being reported as revenue at all.
81. Despite requests for clarification from Aasgaard, ReynoldsStrong never explained
why some individuals receiving SSOC online coaching were omitted from revenue statements
entirely.
82. ReynoldsStrong additionally kept providing inconsistent revenue statements to
Aasgaard for purposes of royalty payments.
a. On or about February 8, 2019, ReynoldsStrong sent Aasgaard an IRS Form
1099 for royalty payments made to Aasgaard in 2018. The royalty payments
reported on the IRS Form was inconsistent with the royalty amounts that
Aasgaard actually received through checks throughout 2018. Specifically,
Aasgaard had received checks in the total amount of $67,336.49 in 2018,
whereas the Form 1099 sent to the IRS claimed that Aasgaard had received
$77,546.77 in 2018.
b. Aasgaard expressed concern to ReynoldsStrong that the IRS was being given
incorrect information, which could result in additional tax liability or an audit.
c. In response to Aasgaard’s concern, ReynoldsStrong sent an email on February
13, 2019, that stated the total revenue from December 1, 2017 through
September 30, 2018 was $1,360,000, 5% of which is $68,000.
d. Shortly thereafter, on February 15, 2019, ReynoldsStrong sent another email
to Aasgaard that stated the total revenue from December 1, 2017 through
September 30, 2018 was $1,291,880.17, substantially less than the amount
from ReynoldsStrong’s February 13 email.
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83. On February 11, 2019, ReynoldsStrong informed Aasgaard that it would not
include revenue from Barbell Logic or its self-titled “SSOC Coaching Academy” in the royalties
due for SSOC under the Agreement.
84. Subsequently in February 2019, ReynoldsStrong re-titled the “SSOC Coaching
Academy” as the “Coaching Academy,” and moved it from the Domain Name to Barbell Logic’s
domain.
85. Section 1(a) of the Agreement states that the license granted to ReynoldsStrong
applies to use of Marks and the Domain Name “in association with the marketing, promotion and
provision of online strength and fitness coaching services.”
86. Section 3 of the Agreement states that the license for the Marks and Domain
Name “is for use only with fitness and exercise coaching services as described herein.”
87. Despite being moved to a Barbell Logic website, the Coaching Academy was still
a part of the SSOC business run by ReynoldsStrong and still fell under the Agreement per
Sections 1(a) and 3. Among other things:
a. The Coaching Academy was still featured on the SSOC website homepage,
and continued to be directly accessible from the SSOC website.
b. The Coaching Academy was purchased through the SSOC store, which used
the startingstrengthonlinecoaching.com Domain Name and displayed at the
bottom “©2019 Starting Strength Online Coaching” text and SSOC support
email addresses.
c. Questions about the Coaching Academy directed to an
@ssonlinecoaching.com email address.
d. The Coaching Academy Facebook page still had links to SSOC.
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e. The Coaching Academy webpages were indistinguishable from SSOC
webpages, including through use of the same color scheme, graphics, and the
Barbell Logic light bulb icon.
f. Aside from a domain name change, the Coaching Academy webpages were
identical in all respects to the Coaching Academy webpages when they were
on the startingstrengthonlinecoaching.com Domain Name.
g. SSOC sold a “Club Coaching” option, where online coaching services would
be provided by Coaching Academy participants rather than Starting
Strength™ Coaches, and therefore was less expensive than normal online
coaching from SSOC.
h. The Coaching Academy still utilized the same “Pathway” to increase its
employees and, therefore, increase the number of clients it could serve,
whereby some Coaching Academy students would be invited to become
SSOC Interns, and then were guaranteed a job as an SSOC Staff Coach once
they received their Starting Strength™ Coach certification.
88. Even after the Coaching Academy was re-named and portions of it were placed
on Barbell Logic’s webpages, members of the public still associated the Coaching Academy with
SSOC.
89. Coaching Academy students, even as late as May 2019, referred to the Coaching
Academy as the “SSOC Coaching Academy.”
90. Notwithstanding the foregoing disputes of what revenue should or should not be
included in royalties under the Agreement, ReynoldsStrong admitted that it owed two amounts to
Aasgaard (collectively referred to herein as the “Undisputed Amounts Owed”):
22
a. On February 11, 2019, ReynoldsStrong admitted in writing to Aasgaard that it
still owed Aasgaard $615.92 for the royalty for the fourth quarter of 2018.
b. On April 30, 2019, ReynoldsStrong provided in writing to Aasgaard an
alleged revenue breakdown summary for revenues received in the first quarter
of 2019. The revenue attributed to “Coaching Income” was $472,545, which
translates to a royalty of $23,627.25. ReynoldsStrong acknowledged in his
email that at least $23,627.25 was owed for the first quarter of 2019.
91. As presented by ReynoldsStrong, the Undisputed Amounts Owed were derived
solely from SSOC coaching revenues as calculated by ReynoldsStrong. They did not include
Barbell Logic or SSOC Coaching Academy revenues, nor did they account for the discrepancies
in revenue that Aasgaard had identified (such as not including individuals receiving SSOC online
coaching as revenue). The Undisputed Amounts Owed were therefore owed irrespective of
whether Barbell Logic or SSOC Coaching Academy revenues fell under the Agreement or not,
and irrespective of whether ReynoldsStrong was under-reporting revenue as Aasgaard believed.
Aasgaard sends ReynoldsStrong two notices of breach under the Agreement.
92. Section 11(b) of the Agreement states that if ReynoldsStrong (operating as SSOC)
violates any of its material obligations under the Agreement, Aasgaard “shall have the right to
terminate the License hereby granted to such party upon thirty days’ notice in writing, and such
notice of termination shall become effective unless such party shall completely remedy the
violation within the thirty-day period.”
93. Section 1(d) of the Agreement similarly states that Aasgaard “may terminate this
Agreement by written notice to [ReynoldsStrong] if [ReynoldsStrong] breaches any of its
23
material obligations under this Agreement and fails to cure such breach within 30 days after
receiving written notice of such breach from Licensor.”
94. On May 7, 2019, pursuant to Sections 1(d) and 11(b) of the Agreement, Aasgaard
provided two written notices of breach to ReynoldsStrong.
95. The written notices of breach satisfied all requirements and conditions precedent
under the Agreement.
96. The first written notice of breach concerned ReynoldsStrong’s failure to pay the
Undisputed Amounts Owed for the fourth quarter of 2018 and the first quarter of 2019. As of
May 7, ReynoldsStrong had failed to pay any of the royalty amounts owed for the first quarter of
2019, and did not pay the $615.92 that ReynoldsStrong previously admitted were owed for the
fourth quarter of 2018. A true and accurate copy of this notice is attached as Exhibit C.
97. The second written notice of breach concerned a series of issues relating to
ReynoldsStrong’s revenue calculations for purposes of establishing the royalty owed to Aasgaard
and with ReynoldsStrong’s impermissible mixing of its own brand, Barbell Logic, with Starting
Strength Online Coaching/SSOC, in the manners described in the foregoing paragraphs. A true
and accurate copy of this notice is attached as Exhibit D.
98. The second written notice of breach offered to separate Barbell Logic and the
SSOC Coaching Academy from SSOC retroactively—and thus relieving ReynoldsStrong of
having to pay any royalties on either even for prior quarters—provided that ReynoldsStrong took
a series of enumerated technological steps to clearly separate and distinguish SSOC from
products, services, and brands intended to be different from SSOC, such as Barbell Logic or the
Coaching Academy.
24
99. Under Sections 1(d) and 11(b) of the Agreement, ReynoldsStrong had 30 days, or
until 11:59pm on June 6, 2019, to completely remedy the breaches identified in the two May 7
communications, or else Aasgaard could terminate the Agreement upon written notice.
ReynoldsStrong does not cure the breaches identified by Aasgaard within the 30-day
cure period under the Agreement, or even pay the amounts that ReynoldsStrong
admitted were owed to Aasgaard.
100. ReynoldsStrong’s counsel attempted to contact Aasgaard’s counsel by telephone
on May 7, 2019, regarding the first notice of breach. Aasgaard’s counsel was unavailable at the
time, and ReynoldsStrong’s counsel left a voicemail.
101. On May 8, 2019, Aasgaard’s counsel attempted to contact ReynoldsStrong’s
counsel by return telephone call. ReynoldsStrong’s counsel did not answer the phone, and thus
Aasgaard’s counsel left a voicemail.
102. ReynoldsStrong did not attempt to contact Aasgaard in any manner until 27 days
later, on June 4, 2019.
103. Counsel for Aasgaard and ReynoldsStrong spoke on June 4, 2019, to discuss
potential resolution to the outstanding disputes.
104. During the June 4, 2019 telephone conversation, Aasgaard reiterated the need for
ReynoldsStrong to pay the Undisputed Amounts Owed.
105. On June 6, 2019, Aasgaard sent ReynoldsStrong a letter setting forth its position
on resolving the disputes in light of what was discussed during the June 4 telephone
conversation. A true and accurate copy of the June 6 letter is attached as Exhibit E.
106. Among other things, the June 6 letter stated that the amounts that the Undisputed
Amounts Owed for the fourth quarter of 2018 and the first quarter of 2019 were overdue, and
“[t]hose amounts must be paid immediately.”
25
107. The June 6 letter also stated that ReynoldsStrong needed to “promptly” address
the issues raised pertaining to revenue calculation and the separation of Barbell Logic from
Starting Strength Online Coaching/SSOC.
108. By the end of June 6, 2019, after the 30-day cure period under the Agreement had
passed, ReynoldsStrong still had not remedied any of the breaches identified in either of the
written notices of breach from May 7, 2019. Aasgaard thus could terminate the Agreement upon
written notice pursuant to Sections 1(d) and 11(b).
109. Having received no response to its June 6 letter, counsel for Aasgaard contacted
counsel for ReynoldsStrong by telephone on June 10, 2019.
110. During the June 10, 2019 phone conversation, Aasgaard’s counsel stated, among
other things, that the Undisputed Amounts Owed must be paid immediately.
111. During the June 10, 2019 phone conversation, ReynoldsStrong’s counsel stated
that a portion of the Undisputed Amounts Owed ($21,113.33) were being held in escrow.
ReynoldsStrong’s counsel requested that Aasgaard’s counsel forward his law firm’s wire transfer
instructions no later than 3:00pm CST/4:00pm EST so that the $21,113.33 could be wire
transferred.
112. As requested, Aasgaard’s counsel sent wiring instructions to ReynoldsStrong’s
counsel at 2:49pm CST/3:49pm EST, a mere 9 minutes after the call ended. A true and accurate
copy of this communication (aside from redactions of account number information) is attached
as Exhibit F.
113. By 4:00pm CST/5:00pm EST the next day, on June 11, 2019, ReynoldsStrong
still had not wire transferred any money to Aasgaard.
Aasgaard terminates the Agreement due to ReynoldsStrong’s failure to pay undisputed

amounts owed, despite repeated requests.
26
114. As of June 11, 2019, ReynoldsStrong had not paid any of the Undisputed
Amounts Owed.
a. As of June 11, 2019, ReynoldsStrong paid nothing for the royalty owed for
the first quarter of 2019.
b. As of June 11, 2019, ReynoldsStrong did not pay the $615.92 that
ReynoldsStrong admitted was still owed for the fourth quarter of 2018.
115. ReynoldsStrong did not pay any of the Undisputed Amounts Owed even after
receiving express demands to pay the Undisputed Amounts Owed in a notice of breach on May
7, an oral demand on June 4, a letter on June 6, another oral demand on June 10, and Aasgaard
providing wire transfer instructions on June 10, 2019 per ReynoldsStrong’s request.
116. On June 11, 2019, at 4:08pm CST/5:08pm EST, Aasgaard terminated the
Agreement through written notice to ReynoldsStrong. A true and accurate copy of this
communication is attached as Exhibit G.
117. The June 11, 2019 notice of termination sent by Aasgaard expressly stated: “You
are to cease use of any and all The Aasgaard Company trademarks in any capacity in association
with any and all of your business activities.”
118. Upon termination, Aasgaard took back control of the
startingstrengthonlinecoaching.com Domain Name and then, using the Domain Name and the
Starting Strength Trademarks, began marketing, promoting, and providing online strength and
fitness coaching services by certified Starting Strength™ Coaches under the name “Starting
Strength Online Coaching” or “SSOC.”
119. Aasgaard continues to provide online strength and fitness coaching services
through www.startingstrengthonlinecoaching.com.
27
120. After the Agreement was terminated, ReynoldsStrong continued to market,
promote, and provide online strength and fitness coaching services through its Barbell Logic
brand, under the name “Barbell Logic Online Coaching” or “BLOC.”
121. Because both SSOC and BLOC provide online strength and fitness coaching
services by certified Starting Strength™ Coaches, they are competing businesses.
VII. Even after the Agreement was terminated, ReynoldsStrong continued to use
Aasgaard’s trademarks without permission.
122. On information and belief, ReynoldsStrong created the domain name
ssonlinecoaching.com on or about October 25, 2016.
123. At some point on or after October 25, 2016, ReynoldsStrong also created the
subdomain forum.ssonlinecoaching.com.
124. At some point after October 25, 2016, ReynoldsStrong set the domain name
ssonlinecoaching.com to automatically redirect to the startingstrengthonlinecoaching.com
Domain Name.
125. ReynoldsStrong also created email addresses ending in @ssonlinecoaching.com
so its employees could communicate with online coaching clients and to market, promote, and
provide online strength and fitness coaching services. Those email addresses were provided on
the startingstrengthonlinecoaching.com website.
126. In its May 7, 2019 notice of breach, Aasgaard stated that “[y]ou need to terminate
the ssonlinecoaching.com domain. This is confusingly similar to our trademark and the SSOC
domain, which is being licensed to you.”
127. Aasgaard’s demand to terminate the ssonlinecoaching.com domain name was
based on the fact that the ssonlinecoaching.com domain name was substantially similar to the
28
Domain Name, the Starting Strength Trademarks, and the STARTING STRENGTH Mark, and
was not permitted under Sections 1(b) and 7(b) of the Agreement.
128. Despite Aasgaard’s May 7, 2019 demand, ReynoldsStrong did not terminate the
ssonlinecoaching.com domain.
129. Section 12 of the Agreement states, among other things, that if the Agreement is
terminated, ReynoldsStrong “will refrain from further use of the Marks or Domain Name . . . or
anything deceptively similar to the Marks in connection with the provision of
[ReynoldsStrong’s] services.”
130. After Aasgaard terminated the Agreement on June 11, 2019, ReynoldsStrong still
did not terminate the ssonlinecoaching.com domain.
131. Instead, ReynoldsStrong caused the ssonlinecoaching.com domain to
automatically re-direct to Barbell Logic’s own online store. Thus, if a member of the public
were to type “ssonlinecoaching.com” into a web browser, they would be taken not to Starting
Strength Online Coaching being operated by Aasgaard, but rather Barbell Logic being operated
by ReynoldsStrong.
132. Additionally, after June 11, 2019, if an individual performed a search using the
Google search engine for “SS Online Coaching,” Barbell Logic appeared as the top search hit.
133. The @ssonlinecoaching.com email addresses were not terminated, and continued
to be used for ReynoldsStrong’s business activities in connection with Barbell Logic and BLOC.
134. ReynoldsStrong also continued to use the Starting Strength Trademarks,
including, but not limited to, “Starting Strength,” “Starting Strength Online Coaching,” and
“SSOC,” even after the Agreement was terminated, and despite Aasgaard’s express demand on
June 11, 2019 that Barbell Logic cease use of any of Aasgaard’s trademarks.
29
135. As just a few examples, ReynoldsStrong continued to use Aasgaard’s trademarks,
or marks deceptively similar to Aasgaard’s trademarks, in the following manner:
a. ReynoldsStrong continued to use the ssonlinecoaching.com domain name,
which was intentionally automatically redirected to Barbell Logic’s store. As
described further below, the ssonlinecoaching.com domain name continued to
be active until, at the earliest, July 15, 2019, when Aasgaard threatened to file
suit if it was not taken down.
b. ReynoldsStrong continued to use the @ssonlinecoaching.com email addresses
in its business activities. As described further below, the
@ssonlinecoaching.com email addresses continued to be active and used until,
at the earliest, July 15, 2019, when Aasgaard threatened to file suit if they
were not terminated.
c. ReynoldsStrong did not amend or terminate its registration of “Starting
Strength Online Coaching” as a fictitious name with the Missouri Secretary of
State, and it never registered “Barbell Logic” or “Barbell Logic Online
Coaching” with the Missouri Secretary of State as a fictitious name.
d. Barbell Logic runs two YouTube channels: the “Barbell Logic” channel and
the “Barbell Logic Online Coaching” channel.
e. The Barbell Logic Online Coaching channel still featured a video titled
“Starting Strength Online Coaching!”, which is an advertisement for SSOC,
and a photograph from a Starting Strength™ Seminar run by Aasgaard. A
screenshot of the Barbell Logic Online Coaching channel is below
30
(https://www.youtube.com/channel/UCPST3mPLq7JYR5Q54QMTClA/featur
ed?disable_polymer=1):
f. The first sentence of the Barbell Logic Online Coaching channel description
continued to read: “Starting Strength Online Coaching provides high-touch,
personalized online coaching from Starting Strength Coaches,” and the
description twice used the acronym “SSOC.”
g. All videos except for one on the Barbell Logic Online Coaching channel
contained either an introductory or concluding screen displaying “Starting
Strength Online Coaching” or a “SSOC” logo, or a “Starting Strength Online
Coaching” watermark. Examples of the screens and watermark are below:
31
32
h. At least 190 Barbell Logic podcasts featured on Barbell Logic’s website and,
separately, on the Barbell Logic YouTube channel continued to include an
introduction stating “Barbell Logic, brought to you by Starting Strength
Online Coaching.”
i. The content of many of these 190 podcasts also contained references to
“Starting Strength Online Coaching” or “SSOC.”
j. The Barbell Logic YouTube channel continued to include a December 20,
2018 video entitled “SSOC and The Shape of Things to Come,” which was
exclusively about “Starting Strength Online Coaching” or “SSOC.”
k. The Barbell Logic YouTube channel continued to include a January 8, 2019
video advertising “Nutrition Coaching.” This video explicitly refers to
“Starting Strength Online Coaching.”
https://www.youtube.com/watch?v=XFTyCsHFc0E
33
136. As a result of the continued use of the Starting Strength Trademarks, “Starting
Strength Online Coaching,” and “SSOC” in its YouTube videos, the Barbell Logic Online
Coaching YouTube channel and its videos were and continue to be the top result for a YouTube
search for “starting strength online coaching.”
137. ReynoldsStrong’s continued use of the ssonlinecoaching.com domain name and
Aasgaard’s trademarks violated Section 12 of the Agreement, which states that after the
Agreement is terminated, ReynoldsStrong is prohibited from using “anything deceptively similar
to the Marks in connection with the provision of such Licensee’s services,” and that
ReynoldsStrong must change its website’s DNS and URL “to some other domain name that is
not infringing of Licensor’s [Aasgaard’s] rights and in no way uses the Marks or the use of
‘Starting Strength’ in its promotion or marketing of its website or services.”
VIII. Aasgaard again demands that ReynoldsStrong cease use of Aasgaard’s trademarks,
but ReynoldsStrong continues to use them anyways.
138. On July 15, 2019, at 12:47pm EST, Aasgaard sent a letter to ReynoldsStrong. A
true and accurate copy of this letter is attached as Exhibit H.
139. The letter demanded that ReynoldsStrong cease use of the ssonlinecoaching.com
domain, and that ReynoldsStrong confirm within 24 hours that the domain had been terminated.
140. The letter also demanded that ReynoldsStrong “cease any further use of ‘SSOC,’
‘Starting Strength Online Coaching,’ or any other substantially similar label in all of its
materials, including but not limited to the BBL [Barbell Logic] website and BBL’s social media
channels, third-party platforms, and advertising. At minimum, this would require deleting any
videos, articles, or podcasts that discuss SSOC as a subject matter, and editing other videos,
articles, or podcasts to remove references to ‘SSOC’ or ‘Starting Strength Online Coaching.’”
34
141. The letter stated that removal of Starting Strength Trademarks should be
completed no later than July 31, 2019, but also stated that “[i]f we see a lack of substantial and
timely progress, we will take all necessary action to protect Aasgaard’s intellectual property,
which may include take-down notices, legal actions for injunctive relief, and/or Aasgaard
asserting ownership over the infringing materials.”
142. The letter also proposed a settlement of outstanding amounts due under the
Agreement. The letter stated: “we ask that you respond to our offer no later than one week, or by
the close of business on July 22.” (emphasis added)
143. As of 1:00pm EST on July 16, 2019, ReynoldsStrong had not confirmed that it
terminated the ssonlinecoaching.com domain. Accordingly, Aasgaard sent an email to
ReynoldsStrong asking if ReynoldsStrong had terminated the ssonlinecoaching.com domain
name.
144. At 3:21pm EST on July 16, 2019, ReynoldsStrong sent a response. The response
confirmed that the ssonlinecoaching.com domain was “now a complete deadend in that it does
not redirect to any other domain, etc.” However, it also said, among other things, that:
a. Aasgaard’s 24-hour deadline to terminate the ssonlinecoaching.com domain
was “unreasonable and designed for the sole purpose of creating new issues.”
b. “‘ssonlinecoaching.com’ is a domain owned by Mr. Reynolds and was utilized
with consent and pursuant to the prior license agreement.”
c. “Since June 13, 2019, all email extensions associated with the domain
‘ssonlinecoaching.com’ were terminated.”
145. The response further said that ReynoldsStrong would respond to the other points
raised in Aasgaard’s July 15, 2019 letter “through separate correspondence.”
35
146. Aasgaard sent a response email on July 17, 2019. In addition to thanking
ReynoldsStrong for providing the requested confirmation relating to termination of the
ssonlinecoaching.com domain, Aasgaard’s response noted that some of the factual statements in
ReynoldsStrong’s email were incorrect. Specifically:
a. Termination of the ssonlinecoaching.com domain was not a “new issue,” as
Aasgaard first demanded on May 7, 2019 that the ssonlinecoaching.com
domain and related subdomains be terminated.
b. The ssonlinecoaching.com domain was not used with consent.
c. ssonlinecoaching.com email addresses were not terminated as of June 13,
2019. To the contrary, @ssonlinecoaching.com emails continued to forward
to Barbell Logic employees through at least July 15, 2019. Further, Barbell
Logic employees responded to emails sent to @ssonlinecoaching.com email
addresses between June 11, 2019 and July 15, 2019.
A true and accurate copy of this correspondence is attached as Exhibit I.
147. Further, the prior license agreement makes no reference to ssonlinecoaching.com
being a permissible domain. To the contrary, the prior license agreement only makes reference
to the startingstrengthonlinecoaching.com domain, and Section 7(b) states: “Licensee may not
use the Mark as whole or part of a domain name other than via the Domain Name use licensed
herein.”
VI. ReynoldsStrong refuses to stop using Aasgaard’s Starting Strength Trademarks.
148. On Monday, July 22, 2019, Aasgaard did not receive a response from
ReynoldsStrong regarding any of the other issues raised in Aasgaard’s July 15, 2019 letter.
36
149. On July 23, 2019, Aasgaard asked ReynoldsStrong when it could expect a
response.
150. On July 24, 2019, ReynoldsStrong responded that a response would be
forthcoming on Monday, July 29. A true and accurate copy of Aasgaard’s July 23, 2019 email
and the July 24 response is attached as Exhibit J.
151. ReynoldsStrong did not provide any response on July 29, 2019, nor communicate
with Aasgaard in any manner.
152. Even after receiving the July 15, 2019 letter, ReynoldsStrong continued to use
Aasgaard’s trademarks and marks deceptively similar to Aasgaard’s trademarks in its Barbell
Logic and Barbell Logic Online Coaching business.
153. As just a few examples:
a. ReynoldsStrong still has not terminated or amended its registration of
“Starting Strength Online Coaching” as a fictitious name with the Missouri
Secretary of State, nor has it registered “Barbell Logic” or “Barbell Logic
Online Coaching” as fictitious names with the Missouri Secretary of State.
b. The Barbell Logic Online Coaching channel still features the “Starting
Strength Online Coaching!” video and a photograph of a Starting Strength™
Seminar.
c. The first sentence of the Barbell Logic Online Coaching channel description
still reads: “Starting Strength Online Coaching provides high-touch,
personalized online coaching from Starting Strength Coaches,” and the
description still uses “SSOC” on two occasions.
37
d. All videos (except for one) on the Barbell Logic Online Coaching channel
continue to contain either an introductory or concluding screen displaying
“Starting Strength Online Coaching” or a “SSOC” logo, or a “Starting
Strength Online Coaching” watermark.
e. 190 Barbell Logic podcasts featured on the Barbell Logic channel still include
an introduction referencing “Barbell Logic, brought to you by Starting
Strength Online Coaching.” The video podcasts appear to be completely
unchanged from when they were first published on the Barbell Logic channel.
f. Many of those 190 Barbell Logic podcasts, on both the Barbell Logic
webpage and Barbell Logic channel, continued to reference “Starting Strength
Online Coaching” or “SSOC.”
g. The Barbell Logic channel still includes a January 8, 2019 video advertising
“Nutrition Coaching” that explicitly refers to “Starting Strength Online
Coaching.”
154. 190 Barbell Logic podcasts featured on Barbell Logic’s webpage were modified
to begin with a new introduction: “Quick Disclaimer: We’ve rebranded as Barbell Logic Online
Coaching. At the time this podcast was recorded, our service was called Starting Strength
Online Coaching, and there may be reference to that brand in this podcast episode. But fear not,
we are still the same team of expert coaches providing personalized and dedicated online
coaching for our clients, but now as Barbell Logic Online Coaching.”
155. The disclaimer in the previous paragraph is not incorporated into any podcast
episodes on the Barbell Logic YouTube channel.
38
156. Thus, any individuals who listen to Barbell Logic’s podcasts through the Barbell
Logic channel will not hear the disclaimer.
157. The disclaimer on the Barbell Logic podcasts is materially misleading because it
casts the change from SSOC to BLOC as a mere “rebranding,” rather than because Aasgaard
terminated ReynoldsStrong’s license to provide products and services under the auspices of the
Starting Strength brand and the Starting Strength Trademarks. The disclaimer also is materially
misleading because it does not explicitly state that BLOC is no longer associated with the
Starting Strength brand or the Starting Strength Trademarks. This omission is especially
significant given that references to “Starting Strength Online Coaching” or “SSOC” still occur in
the podcasts.
158. The Barbell Logic YouTube channel created a new written disclaimer in the video
descriptions, which reads in full: “NEW NAME, SAME SERVICE! We have rebranded to
Barbell Logic Online Coaching! We are still the same team of Starting Strength Coaches
providing personalized and dedicated services for lifters around the world. We are excited to
continue working with Starting Strength to spread the importance of strength training through in-
person and online coaching and educational pursuits. Thank you all for your continued support
of Barbell Logic. We are looking forward to seeing what this next chapter has in store for us!”
159. The Barbell Logic YouTube disclaimer is materially misleading because it casts
the name change as mere “rebranding” but otherwise is the “SAME SERVICE!” It also is
materially misleading in stating that Barbell Logic will “continue working with Starting
Strength,” which suggests and represents that Barbell Logic is part of the Starting Strength brand
owned by Aasgaard. The disclaimer also is materially misleading because it does not explicitly
state that BLOC is no longer associated with the Starting Strength brand or the Starting Strength
39
Trademarks. This omission is especially significant given that every YouTube video containing
the disclaimer begins with the introduction “Barbell Logic, brought to you by Starting Strength
Online Coaching.”
160. By continuing to infringe on Aasgaard’s trademarks, including the Starting
Strength Trademarks, and by continuing to suggest that Barbell Logic is affiliated with the
Starting Strength brand, ReynoldsStrong is competing unfairly against Aasgaard by seeking to
confuse customers and trade on the reputation and goodwill that Aasgaard has previously
developed through years of successful promotion of the Starting Strength Trademarks in
association with the Starting Strength brand and Aasgaard’s products and services.
161. There is evidence of actual customer confusion.
a. For example, on July 22, 2019, a BLOC client reached out to Mr. Rippetoe of
Aasgaard asking a training question. The client referred to his “SSOC coach”
(rather than his “BLOC coach”), even after being corrected by Mr. Rippetoe.
b. As another example, on July 26, 2019, an individual reached out to Aasgaard
asking to be assigned a Starting Strength Online Coach. After describing his
training history and goals, he stated: “Besides…Matt [Reynolds] and Scott
[Hambrick, who both run Barbell Logic] are the ones that got me interested in
barbell training back in Nov 2018. So, I feel like I should give them my
business.” When Aasgaard informed him that “Matt and Scott” were with
Barbell Logic and not SSOC, the individual responded: “Thanks for the
response. I had the two organizations confused.”
162. ReynoldsStrong’s infringement of Aasgaard’s trademarks, including the Starting
Strength Trademarks, has caused and is likely to cause confusion, mistake and deception among
40
customers as to the source or origin of BLOC’s services, and has and is likely to deceive
customers into mistakenly believing that BLOC is associated with, is affiliated with, or is
otherwise sponsored or approved by Aasgaard.
163. ReynoldsStrong benefits from this customer confusion, as its products and
services reap undeserved recognition from being associated with Aasgaard and the Starting
Strength brand, and the goodwill symbolized by Aasgaard’s Starting Strength Trademarks is
harmed by this confusion.
164. ReynoldsStrong’s unauthorized use of the Starting Strength Trademarks, or marks
deceptively similar to them, in its business activities has caused damage to Aasgaard’s business
reputation and goodwill, and unless restrained and enjoined, will continue to irreparably impair
the value of the registered Starting Strength Trademarks for which there is no adequate remedy
at law.
165. In Section 13(a) of the Agreement, ReynoldsStrong acknowledged that its failure
to cease use of the Starting Strength Trademarks or Domain Name in providing online strength
and fitness coaching services after termination of the Agreement “will result in immediate and
irremediable damages to Licensor [Aasgaard] and to the rights of any subsequent licensee. Such
Licensee [ReynoldsStrong] acknowledges and admits that there is no adequate remedy at law for
such failure . . . and such Licensee agrees that in the event of such failure Licensor shall be
entitled to equitable relief by way of temporary and permanent injunctions and such other further
relief as any court with jurisdiction may deem just and proper.”
166. ReynoldsStrong has never corrected this customer confusion by stating that
Barbell Logic and BLOC are not affiliated with Aasgaard or the Starting Strength brand, or that
BLOC is not approved or endorsed by Aasgaard.
41
167. ReynoldsStrong could have chosen not to trade off the reputation and goodwill
associated with the Starting Strength Trademarks. For example, after the termination of the
Agreement and ReynoldsStrong’s license, ReynoldsStrong could have removed references to
“Starting Strength Online Coaching,” “SSOC,” and the Starting Strength Trademarks in its social
media.
168. While ReynoldsStrong was operating as SSOC pursuant to the Agreement, Texas
residents could purchase ReynoldsStrong’s products and services, including online coaching
services and enrollment in the SSOC Coaching Academy, and access Barbell Logic materials
through the startingstrengthonlinecoaching.com Domain Name, and those products and services
will be provided to the Texas residents in Texas. Upon information and belief, Texas residents
in fact have purchased ReynoldsStrong’s products and services through the Domain Name,
which products and services were provided to those residents in Texas.
169. After termination of the Agreement, when ReynoldsStrong began operating solely
as Barbell Logic and BLOC, Texas residents can purchase ReynoldsStrong’s products and
services, including online coaching services and enrollment in the Coaching Academy, and
access Barbell Logic materials, through the barbell-logic.com domain name, and those products
and services will be provided to the Texas residents in Texas. Upon information and belief,
Texas residents in fact have purchased ReynoldsStrong’s products and services through the
barbell-logic.com domain name, which products and services were provided to those residents in
Texas.
COUNT I
Trademark Infringement in Violation of 15 U.S.C. § 1114
170. Aasgaard incorporates the allegations set forth above as if fully rewritten herein.
42
171. Aasgaard owns valid and enforceable federal registrations for many of the
Starting Strength Trademarks that are incontestable, including the STARTING STRENGTH
Mark.
172. ReynoldsStrong has infringed and will continue to infringe the registered Starting
Strength Trademarks by intentionally using those marks or confusingly similar marks.
173. ReynoldsStrong’s use of the Starting Strength Trademarks, or marks confusingly
similar to them, in its Barbell Logic and BLOC business activities is without Aasgaard’s consent
or authority, and began after the date of Aasgaard’s first use of the registered Starting Strength
Trademarks.
174. ReynoldsStrong is infringing on the Starting Strength Trademarks with actual and
constructive knowledge of Aasgaard’s prior rights in the registered Starting Strength
Trademarks.
175. ReynoldsStrong’s infringement of the Starting Strength Trademarks, or marks
confusingly similar to them, creates a likelihood of confusion, mistake, or deception as to the
source, origin, or sponsorship of Barbell Logic and BLOC.
similar to them, is likely to induce consumers to believe, contrary to fact, that ReynoldsStrong’s
products and services are affiliated, sponsored, sold, approved by, or connected with Aasgaard or
the Starting Strength brand.
177. ReynoldsStrong’s acts have been and are being committed with the intent and
purpose of appropriating and trading upon the goodwill and reputation associated with the
Starting Strength brand and the registered Starting Strength Trademarks, and have damaged and
43
impaired that part of Aasgaard’s goodwill symbolized by the registered Starting Strength
Trademarks to Aasgaard’s immediate and irreparable harm.
178. ReynoldsStrong’s unauthorized use of the Starting Strength Trademarks, or marks
confusingly similar to them, constitutes trademark infringement in violation of Section 32 of the
Lanham Act, 15 U.S.C. § 1114.
179. As a direct and proximate result of ReynoldsStrong’s acts of trademark
infringement, Aasgaard has been and is continuing to be damaged. Aasgaard is therefore entitled
to recover ReynoldsStrong’s profits pursuant to 15 U.S.C. § 1117(a)(1).
180. ReynoldsStrong’s violations of 15 U.S.C. § 1114 are intentional and willful, and
entitle Aasgaard to recover from ReynoldsStrong three times the amount of ReynoldsStrong’s
profits pursuant to 15 U.S.C. § 1117(a)(1).
181. This is an exceptional case entitling Aasgaard to recover its reasonable attorney
fees in an amount to be determined at trial pursuant to 15 U.S.C. § 1117(a).
182. ReynoldsStrong’s acts of trademark infringement also have caused damage to
Aasgaard’s business reputation and goodwill, and unless restrained and enjoined, will continue to
irreparably impair the value of the registered Starting Strength Trademarks for which there is no
adequate remedy at law. Accordingly, Aasgaard is entitled to preliminary and permanent
injunctive relief prohibiting ReynoldsStrong from using the Starting Strength Trademarks, or
marks deceptively similar to them, in its Barbell Logic and BLOC business activities.
COUNT II
Unfair Competition in Violation of 15 U.S.C. § 1125(a)
44
184. ReynoldsStrong has infringed and will continue to infringe the Starting Strength
Trademarks by intentionally using them without authorization, or using marks confusingly
similar to them, in its Barbell Logic and BLOC business activities.
similar to them, is without Aasgaard’s consent or authority and began after the date of
Aasgaard’s first use of the Starting Strength Trademarks.
186. ReynoldsStrong is using the Starting Strength Trademarks, or marks confusingly
similar to them, with actual and constructive knowledge of Aasgaard’s prior rights in the Starting
Strength Trademarks.
similar to them, has caused and is likely to cause confusion, mistake, and deception as to the
source, origin, approval, or sponsorship of ReynoldStrong’s products and services.
ReynoldStrong’s use of the Starting Strength Trademarks, or marks confusingly similar to them,
is likely to induce consumers to believe, contrary to fact, that ReynoldsStrong’s products and
services are affiliated, sponsored, sold, approved by, manufactured by or connected with
Aasgaard or the Starting Strength brand. ReynoldsStrong’s unauthorized use in commerce of the
Starting Strength Trademarks, or marks confusingly similar to them, as alleged herein constitutes
use of a false designation of origin and misleading description and representation of fact.
188. ReynoldsStrong’s acts have been and are being committed with the intent and
purpose of appropriating and trading upon the goodwill and reputation associated with the
Starting Strength brand and the Starting Strength Trademarks, and have damaged and impaired
that part of Aasgaard’s goodwill symbolized by the Starting Strength Trademarks to Aasgaard’s
immediate and irreparable harm.
45
similar to them, constitutes unfair competition in violation of Section 43(a) of the Lanham Act,
15 U.S.C. § 1125(a).
190. As a direct and proximate result of ReynoldsStrong’s acts of unfair competition,
Aasgaard is entitled to recover ReynoldsStrong’s profits pursuant to 15 U.S.C. § 1117(a)(1).
191. ReynoldsStrong’s violations of 15 U.S.C. § 1125(a) are intentional and willful,
and entitle Aasgaard to recover from ReynoldsStrong three times the amount of
ReynoldsStrong’s profits awarded pursuant to 15 U.S.C. § 1117(a)(1).
193. ReynoldsStrong’s acts of unfair competition also have caused damage to
irreparably impair the value of the Starting Strength Trademarks for which there is no adequate
remedy at law. Accordingly, Aasgaard is entitled to preliminary and permanent injunctive relief
prohibiting ReynoldsStrong from using the Starting Strength Trademarks, or marks confusingly
similar to them, in its Barbell Logic and BLOC business activities.
COUNT III
Trademark Dilution in Violation of 15 U.S.C. § 1125(c)
195. Aasgaard has extensively and continuously used and promoted the distinctive
STARTING STRENGTH Mark throughout the United States (and elsewhere) for over a decade.
The STARTING STRENGTH Mark became famous and well-known symbols of Aasgaard and
its products and services long before ReynoldsStrong adopted and began impermissibly using the
Starting Strength Trademarks, or marks confusingly similar to them. The STARTING
46
STRENGTH Mark is a famous mark, as defined by Section 43(c) of the Lanham Act, 15 U.S.C.
§ 1125(c).
196. ReynoldsStrong’s use in commerce of the Starting Strength Trademarks, or marks
deceptively similar to them, and other acts described herein dilute and, unless enjoined, are likely
to continue to dilute the distinctiveness of the STARTING STRENGTH Mark by eroding the
public’s exclusive identification of these famous marks with Aasgaard, tarnishing and degrading
the positive associations and prestigious connotations of these marks, and otherwise lessening
the capacity of these marks to identify and distinguish Aasgaard’s products and services.
similar to them, is likely to cause an association between those marks and Aasgaard and the
registered Starting Strength Trademarks that harms the reputation of Aasgaard and the registered
Starting Strength Trademarks.
similar to them, has been committed with full knowledge of Aasgaard’s rights, title, and interest
in the STARTING STRENGTH Mark and the Starting Strength Trademarks, and made with the
willful intent to trade on and harm the recognition and reputation of Aasgaard and these famous
Starting Strength Trademarks, and with the intent to cause dilution of the registered Starting
Strength Trademarks.
199. ReynoldsStrong’s conduct constitutes willful dilution by blurring and willful
dilution by tarnishment in violation of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
200. As a direct and proximate result of ReynoldsStrong’s acts of trademark dilution,
Aasgaard is entitled to recover ReynoldsStrong’s profits pursuant to 15 U.S.C. § 1117(a)(1).
47
201. ReynoldsStrong’s violations of 15 U.S.C. § 1125(c) are intentional and willful,
and entitle Aasgaard to recover from ReynoldsStrong three times the amount of
ReynoldsStrong’s profits awarded pursuant to 15 U.S.C. § 1117(a)(1).
203. ReynoldsStrong’s acts of trademark dilution also has caused damage to
irreparably impair the value of the registered Starting Strength Trademarks for which there is no
adequate remedy at law. Accordingly, Aasgaard is entitled to preliminary and permanent
injunctive relief prohibiting ReynoldsStrong from using the Starting Strength Trademarks, or
marks confusingly similar to them, in its Barbell Logic and BLOC business activities.
COUNT IV
Violation of Texas’s Deceptive Trade Practices Act
205. By using without authorization the Starting Strength Trademarks, or marks
confusingly similar to them, ReynoldsStrong is engaging in deceptive trade practices in violation
of Texas’s Deceptive Trade Practices Act as set forth in Tex. Bus. & Comm. Code § 17.46.
Among other things, ReynoldsStrong is: passing off goods as those of another; causing a
likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or
certification of ReynoldsStrong’s products and services; causing a likelihood of confusion or
misunderstanding as to the affiliation, connection, or association with, or certification of
ReynoldsStrong’s products and services; and representing that ReynoldsStrong’s products and
services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that
they do not have.
48
206. ReynoldsStrong willfully engaged in these unfair trade practices knowing them to
be deceptive.
207. ReynoldsStrong’s deceptive trade practices has damaged Aasgaard and has
caused damage to Aasgaard’s business reputation and goodwill, and unless restrained and
enjoined, will continue to irreparably impair the value of the Starting Strength Trademarks for
which there is no adequate remedy at law. Accordingly, Aasgaard is entitled to preliminary and
permanent injunctive relief prohibiting ReynoldsStrong from using the Starting Strength
Trademarks, or marks confusingly similar to them, in its Barbell Logic and BLOC business
activities.
COUNT V
Breach of Contract
209. Aasgaard has performed all of its material obligations under the Agreement.
210. The Agreement states that royalty amounts are to be paid quarterly, by the end of
the month following the end of a quarter.
211. ReynoldsStrong has paid no royalty for the second quarter of 2019.
212. ReynoldsStrong has not paid the full amount of royalties owed from the first
quarter of 2019 and the fourth quarter of 2018.
213. ReynoldsStrong has not paid royalties associated with the Coaching Academy,
even though the Coaching Academy falls under the Agreement.
214. ReynoldsStrong has failed to pay all royalties owed under the Agreement.
215. As a result of ReynoldsStrong’s breach of the Agreement, Aasgaard has suffered
damages in the amount of the royalty payments it would have recovered had ReynoldsStrong
complied with the Agreement, plus incidental and consequential damages, in an amount that
49
Aasgaard will establish upon examination of ReynoldsStrong’s business records, but which is
believed to be in excess of $40,000.00.
216. Despite termination of the Agreement on June 11, 2019, ReynoldsStrong
continues to use the Starting Strength Trademarks, or marks confusingly similar to them, in its
marketing, promotion, and provision of online strength and fitness coaching services.
217. Section 12 of the Agreement provides that upon its termination, ReynoldsStrong
must “refrain from further use of the Marks or Domain Name or any further reference to either,
direct or indirect, or anything deceptively similar to the Marks in connection with the provision
of” online strength and fitness coaching services.
218. Section 12 of the Agreement further provides that upon its termination,
ReynoldsStrong may not engage in “the use of ‘Starting Strength’ in its promotion or marketing
of its website or services.”
219. Pursuant to Section 13 of the Agreement, ReynoldsStrong has agreed that its
failure to cease use of the Starting Strength Trademarks, as required by Section 12, “will result in
immediate and irremediable damage to Licensor [Aasgaard] and to the rights of any subsequent
licensee. Such Licensee [ReynoldsStrong] acknowledges and admits that there is no adequate
remedy at law for such failure to cease manufacture, sale, or distribution, and such Licensee
agrees that in the event of such failure Licensor shall be entitled to equitable relief by way of
temporary and permanent injunctions[.]”
220. ReynoldsStrong continues to use the Starting Strength Trademarks, or marks
deceptively similar to them, in connection with ReynoldsStrong’s providing online strength and
fitness coaching services through Barbell Logic and BLOC.
50
221. Accordingly, pursuant to Sections 12 and 13 of the Agreement, Aasgaard shall be
entitled to a preliminary and permanent injunction prohibiting ReynoldsStrong from using the
Starting Strength Trademarks in its business activities, including business activities associated
with Barbell Logic and BLOC.
PRAYER FOR RELIEF
WHEREFORE, Aasgaard demands judgment in its favor and against ReynoldsStrong as
follows:
A. Preliminary and permanent injunctive relief, including but not limited to an
injunction prohibiting ReynoldsStrong from using the Starting Strength Trademarks and any
other marks that are confusingly similar to or otherwise infringe or dilute the Starting Strength
Trademarks;
B. An Order directing ReynoldsStrong to destroy all of its products, packaging,
labels, tags, molds, advertising, promotional materials, and other materials in its possession,
custody or control that contain unauthorized uses of the Starting Strength Trademarks or any
other marks that are confusingly similar to or otherwise infringe or dilute the Starting Strength
Trademarks;
C. ReynoldsStrong’s profits derived by ReynoldsStrong from the sale or distribution
of its infringing or diluting products and services pursuant to 15 U.S.C. § 1117(a)(1);
D. Three times the amount of ReynoldsStrong’s profits awarded pursuant to 15
U.S.C. § 1117(a)(1);
E. Punitive damages;
F. An award of costs and attorney fees incurred herein; and
G. Any further relief that the Court may deem just and equitable.
51
JURY DEMAND
Aasgaard demands a jury trial on all the issues so triable.
Respectfully submitted,
/s/ Joe B. Steimel

Joe B. Steimel (State Bar No. 19126800)
Law Offices of Joe B. Steimel P.C.
900 Eighth Street, Suite 401
P.O. Box 779
Wichita Falls, Texas 76307-0779
(940) 761-5000 || (940) 761-5045 (telecopier)
joebsteimel@gmail.com
Attorney for Plaintiff Asgaard Funding LLC d.b.a.

The Aasgaard Company
52

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Case 3:19-cv-01823-B Document 1 Filed 07/30/19 Page 1 of 52 PageID 1

IN THE UNITED STATES DISTRICT COURT

ASGAARD FUNDING LLC d.b.a. )

1. This action arises from Defendant ReynoldsStrong LLC’s (“ReynoldsStrong” or

5190583, and 5801678. Despite knowledge of Aasgaard’s protected marks, ReynoldsStrong

impermissibly is using Aasgaard’s registered trademarks or marks confusingly similar to them in

likely to continue to be injured by ReynoldStrong’s trademark infringement, trademark dilution,

the licensing agreement.

2. Aasgaard is a Texas limited liability company with principal place of

that Aasgaard publishes.

3. Founded in 2005 initially as a partnership, Aasgaard publishes and distributes

Starting Strength™, have become industry-recognized leaders in strength and conditioning.

4. Among other things, Aasgaard currently operates Starting Strength Online

Coaching (“SSOC”) through the website www.startingstrengthonlinecoaching.com. SSOC

service officially recognized, approved, and licensed by Aasgaard.

5. ReynoldsStrong is a Missouri limited liability company that provides training and

ReynoldsStrong’s sole member.

6. Prior to June 11, 2019, ReynoldsStrong operated SSOC, using the

startingstrengthonlinecoaching.com domain name under a license granted by Aasgaard pursuant

strength and conditioning services through an online medium.

JURISDICTION AND VENUE

1338(a) and 15 U.S.C. § 1121.

startingstrengthonlinecoaching.com web domain) are situated in this District.

exclusive jurisdiction of the State and Federal courts of Texas[.]”

where ReynoldsStrong “irrevocably submit[ted]” to this Court’s jurisdiction.

third edition in 2011.

Rippetoe, its author.

17. In addition to publishing and selling books, Aasgaard conducts up to fifteen

biomechanical and physiological foundations of coaching, lifting, and programming methods.

18. In addition to teaching the methods and intellectual foundations of Starting

of Starting Strength™ Coaches who demonstrate exceptional proficiency in coaching ability.

methodology, Aasgaard runs two websites, www.startingstrength.com and

www.aasgaardco.com. In addition to providing a vehicle to purchase Aasgaard’s products and

over half a million sessions per month.

have become highly valuable.

II. Aasgaard’s Trademarks

associated with the STARTING STRENGTH brand.

Registered Trademark Registration No. and Goods and Services

July 21, 2009 Books in the field of physical

4357670 Computer applications and

are incontestable pursuant to 15 U.S.C. § 1065. Accordingly, these registrations provide

conclusive evidence of the validity of these registrations, Aasgaard’s ownership of these

specified in the registrations.

3657862 for the STARTING STRENGTH Mark.

Seminars, Starting Strength™ Camps, Starting Strength™ Online Coaching, a Starting

(collectively with Aasgaard’s registered trademarks, the “Starting Strength Trademarks”).

marks confusingly similar to them.

Starting Strength brand.

the United States and worldwide.

including but not limited to the following:

a. Starting Strength books and videos (including Starting Strength), seminars,

and merchandise are directly sold through Aasgaard’s websites,

www.startingstrength.com and www.aasgaardco.com, as well as third-party

sites such as Amazon.com, ACX, Audible, and iTunes.

b. Starting Strength™ Coaches, who hold the Starting Strength™ Coach

credential issued by Aasgaard, can be located and contacted through another

website Aasgaard runs, www.startingstrength.org, by members of the public

seeking strength and conditioning coaching from a certified Starting

c. Starting Strength™ Coaches can be located and contacted through another

website Aasgaard runs, www.startingstrengthonlinecoaching.com, for

members of the public seeking strength and conditioning coaching from a

certified Starting Strength™ Coach through an online medium.

five franchisees committed to opening nine Starting Strength™ Gyms. Two

licensed by Aasgaard and are identified and hyperlinked at