It’s no question that CrossFit® has become extremely popular in the fitness industry. With over 5500 affiliates worldwide, the CrossFit® business model has been quite successful. CrossFit, Inc. has accomplished much of its success by licensing the use of the name “CrossFit” which is a registered trademark (find it here). In order for a gym to offer CrossFit classes, it must complete a certification course as well as pay a $3,000 annual licensing fee.
CrossFit, Inc. has been very active in policing its trademarks. It relies on its vast community of individuals and affiliates to notify the company when its name is being used illegally.
The question CrossFit may need to address soon is whether or not it will remain a valid trademark. Companies spend a lot of money making sure their trademarks do not become generic. When a mark becomes generic, it does not provide a consumer with any information about the source of the product or service which is the whole point of a trademark. To put this in perspective, think about companies like Kleenex and Xerox. They want you to ask for a tissue and make a copy, respectively, not ask for a Kleenex and Xerox it.
Unfortunately for CrossFit, history may not be on its side. There was another fitness craze that began in the 90’s which followed a similar business model. Pilates, Inc. obtained a registered trademark for the term “Pilates” and much like CrossFit, required affiliates to license the name prior to using it. Pilates, Inc. was very active in the 90’s sending cease and desist letters to Pilates instructors who were using the name without paying licensing fees. In 2000, however, the United States District Court in Manhattan declared the “Pilates” trademark was no longer valid. The reason? It was a generic name for a method of exercise. Feel free to read the whole opinion here.
With the vast expansion of the CrossFit community and the relative ease of performing a CrossFit program with minimal equipment, it may not be long before we see it deemed generic as well. Is CrossFit, in trademark terms, really any different than pilates, yoga, cycling, cross-training, etc? Only time will tell.
