Orlando, FL - U.S. District Judge G. Kendall Sharp today sentenced Dale Anthony Borders (38, Orlando) to two years and six months in federal prison for trafficking in counterfeit DVDs bearing the trademarks of Beachbody, LLC, Disney Enterprises, Inc., and Zumba Fitness, LLC. Borders pleaded guilty on Nov. 29, 2012.
According to court documents, between March 26, 2009, and Aug. 26, 2011, Borders used his company, 5A Novelty, to import counterfeit DVDs bearing counterfeit Disney, Zumba, and Beachbody trademarks into the United States. During that time, according to U.S. Customs and Border Patrol Protection (CBP), approximately 80 parcels containing counterfeit items had been shipped to Borders.
In March 2011, Beachbody served Borders and 5A Novelty notice that 5A Novelty was not a designated or approved retailer or distributor of Beachbody products. Beachbody also advised 5A Novelty of the copyright laws that prevent the unauthorized use of trademarks. Beachbody and eBay shut down the 5A Novelty website three times. Each time, Borders reestablished the website.
On Aug. 18, 2011, CBP officers in Cleveland, Ohio, seized one box of counterfeit Beachbody exercise DVD boxed sets addressed to Borders' Orlando residence. Agents subsequently interviewed Borders at his residence, at which time Borders gave agents counterfeit Beachbody and Zumba exercise DVDs. Borders told the agents that he did not have any more DVDs or counterfeit items and did not have any pending orders. However, on Aug. 29, 2011, during an inspection by a special agent with U.S. Immigration and Customs Enforcement's Homeland Security Investigations at the Orlando DHL distribution hub, two boxes of counterfeit Beachbody and Zumba exercise DVD boxed sets (60 units), intended for Borders, were seized. The shipping invoice listed the shipment as "Teaching Materials" and "Learning Materials."
This case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney David Haas.
Source: U.S. Department of Justice, Office of the United States Attorneys
