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Old 02-09-2012, 08:01 AM   #21
Ron Murray
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Re: Who has ownership of FGB?

This is just sad and really it's pure lunacy. Bickering over the rights to something you have clearly made a living off in which you know you're not the rightful owner of all the while leveraging a charity.

I think it's now BJ Penn's turn to step in and claim "FGB" as his own.
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Old 02-09-2012, 10:39 AM   #22
Ron Wilhelm
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Re: Who has ownership of FGB?

Linking to the relavent legal documents:

HQ's move to cancel Sportsgrants mark of "Fight Gone Bad", which was granted for charitable events specifically, not the workout generally:
http://ttabvue.uspto.gov/ttabvue/v?p...&pty=CAN&eno=1YOU MUST ANNOTATE ALL LINKS WHETHER WORK AND FAMILY SAFE.

Scott's filing against HQ:
http://www.scribd.com/doc/80659499/Sportsgrants-v-CrossfitYOU MUST ANNOTATE ALL LINKS WHETHER WORK AND FAMILY SAFE.
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Old 02-09-2012, 06:42 PM   #23
Joshua Murphy
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Re: Who has ownership of FGB?

Having been personally involved in this event for a number of years I think I can offer some clarity around allegations that are being made.

1) The early FGB events were done through “Athlete’s for a Cure”
and benefited the Prostate Cancer Foundation. The early events were
call “Athlete’s for a Cure CrossFit Fight Gone Bad”

a. Acknowledgment and use of the CrossFit name (without
permission at least the first 3 years)

2) The workout is clearly CrossFit’s, the event is clearly in the
CrossFit community (there were no Gold’s gyms signing up to
participate). Sportgrants benefited from the fact that they did not
have to create the community of like-minded individuals, the workout,
and all of the associated buzz, CrossFit Inc. did that. This is akin
to Susan B Komen creating a “Komen Tough Mudder” or some such and
claiming “Tough Mudder” to be their intellectual property.

3) If the event is so ground breaking, why wait 6 years to
trademark it? In retrospect the dropping of the CrossFit name from
the FGB tagline appears to be purposeful and calculated (it would have
been impossible in year’s 1-3 or 4 to TM the name “CrossFit Fight Gone
Bad”

4) Exhibits are only mentioned in memo.

5) There were previous agreements with Sportsgrants (two, I
believe). One was fully executed and allowed for the first time,
Sportgrants to legally use the CrossFit name. The second was more
specific and recent regarding the administration of the event and
distribution of the funds and while not fully executed, it is
acknowledged by Sportgrants as more than acceptable (reference is even
made to thanks from the entire family including their dog, in the
email acknowledgment)

6) In 2009 I personally sent at least 100 emails to the then
called “regional leaders” asking them to participate on behalf of CFHQ
who fully supported the event. I was not a CrossFit paid employee at
the time, but Lisbeth and Lynne participated extensively as well.


7) The claim that we contacted Scott in 2009 regarding forming
the Foundation is false; it was on March 12, 2008 as evidenced by
email communication from me and subsequently Lynne during that same
week. Scott’s claim of 2009 contact appears to be an effort to establish a broader history of “no CrossFit involvement or support.” He obviously has access to the same emails and could have determined the exact date as I did.

8) Similar claim that there was a discussion in 2010 between
Scott and Greg is also false. This call took place on Nov 13, 2008.
It appears that Scott is misrepresenting this because the licensing
agreement at that time was for Sportgrants to finally have legal
permission to use the CrossFit name in promotion of the event. It had
nothing to do with the TM at that time and his claims about the use of
the Sportgrants’ TM at that time are blatantly false because it did
not exist and this call took place 2 years prior to his claim.

Here are my comments, line by line for each of the document (Memo and
Complaint):

Memo:

Page 2, I paragraph one – claim of promotion of exact copy of
Sportgrants event – false and no proof

Paragraph two – “…participants will be duped by CrossFit into
participating in the CrossFit event – scheduled by CrossFit…” It has
always been a “CrossFit” event! All of the participants are
CrossFitters, participating at CrossFit Affiliates.

Page 3 II, A. paragraph 3 – Scott completed a CrossFit workout in a
CrossFit Affiliate. He did not create the workout, the affiliate
structure, the community, or contribute in any way to its growth.

BJ Penn claims are just ludicrous. Probably a miss quote on the part
of his counsel, but this should not have made it into the Memo as it
is irrefutably a lie as presented.

Page 4 II, B.

All early references to Fight Gone Bad were actually “Athletes for a
Cure: CrossFit Fight Gone Bad.” This is blatantly misrepresented
throughout the Memo.

Paragraph 4 – False, CrossFit allowed use of the CrossFit name and
access to the CrossFit Community.

We also blasted emails to all affiliates:

“Dear Affiliates,

We are pleased to announce that Fight Gone Bad III will be happening
this year on September 27, 2008. This special event raises awareness
and funds for prostate cancer through the organization called Athletes
for a Cure and also for wounded soldiers through the Wounded Warrior
Project. This is a really fun event where affiliates get to compete
against each other and come together for a brutal workout and a good
cause. For more information on how to get your affiliate involved,
please see the details below. We hope many of you will be able to
participate. Thank you!”

- Lisa and Nancy

He also claims that he contacted us which is false. We contacted him
as evidenced in email correspondence dated March 12, 2008, a full five
months before Fight Gone Bad 3.

Paragraph 6 – False, contact was initiated by CrossFit on March 12-18
2008 for support of the newly forming CrossFit Foundation.

Paragraph 7 – False, we fully supported the event, rallying Affiliates
at a regional level and consulting and supporting on many aspects of
the event

Paragraph 8 – False, Scott was supporting the initiatives of the
CrossFit Foundation in 2008, not 2009. It appears that he is
misrepresenting the timeline in an effort to cover the fact that he
did receive support prior to 2009.

We supported it with multiple videos and engaged Again Faster to
create a few videos

Paragraph 9 – This call did not happen in 2010, it happened Nov 13,
2008. He also has access to the emails confirming this. It appears
that Scott is misrepresenting this because the licensing agreement at
that time was for Sportgrants to finally have legal permission to use
the CrossFit name in promotion of the event. It had nothing to do
with the TM at that time and his claims about the use of the
Sportgrants’ TM at that time are blatantly false because it did not
exist and this call took place 2 years prior to his claim.

Page 6, C. Paragraph 1 – We were unaware of his TM’ing the mark. Once
we were made aware Scott offered to transfer the mark.

Paragraph 2 – We supported FGB 5 on the web, multiple times per week
and were engaged in weekly calls with Scott and his team.

Page 7, Paragraph 3 – Huge support for FGB 6: main page, A blog,
Games, Facebook, weekly calls, etc.

Page 8, D., Paragraph 2 – Exhibits missing

Page 9, Paragraph 3 – Where is the proof of threatening affiliates?

Page 15, IV., Paragraph 1 – Google Fight Gone Bad, the workout comes
up much more than the Fundraiser, while illustrates that it is the
workout that is world famous, not the other way around.

Complaint:

Page 5, 19., False, they used Kintara to collect the money so 100% did
not go to the charity

21., why not trademark then, in 2006 since it was a success? Because
it was still branded “Athletes for a Cure: CrossFit Fight Gone Bad”
and was illegally leveraging the CrossFit Brand, Name, Community, and
workout.

22., It was the “CrossFit Fight Gone Bad” event at this time

25., False, we contacted him in March of 2008

26., False we supported event and reached out to Affiliate owners

28., False, March 2008

29., False, huge support from CrossFit, including organizing and
rallying a “regional” aspect for the event.

30., False

32., False, the discussion was to allow Sportgrants to finally use the
CrossFit name in a legally binding fashion.

33., Why did he wait so long to claim TM?

34., False, we were informed after it was brought to the attention of
CrossFit’s legal team.

35., False, there was a comprehensive media plan, including engaging
with Again Faster to shoot and produce videos.

37., False, weekly calls, media support on all CrossFit channels,
regional promotion, etc.

39., Same as 37

50., False, it was “Athletes for a Cure: CrossFit Fight Gone Bad” in
the early years.

52., Counter-suit for use of the CrossFit mark?

78., Proof of this request?
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Old 02-09-2012, 10:43 PM   #24
Russell Greene
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Re: Who has ownership of FGB?

Here is the Penn family's input on the origin of Fight Gone Bad:

"On behalf of BJ Penn and myself here is the real origin of Fight Gone Bad:

We were working out with Coach Glassman and Garth Taylor in Santa Cruz. Coach Glassman had designed a workout that would replicate the intensity of a 5 round Mixed Martial Arts bout. After the workout BJ was so exhausted and Coach Glassman asked him how that compared to a fight and when BJ finally recovered he said, "It felt like a fight gone bad". After that day that workout was named the Fight Gone Bad workout!!

The design, concept and specific workout sequence was created by Greg Glassman and the name was inspired by my brother BJ in a moment of shared inspiration.

I handle BJ Penn's business affairs and for the record I have no idea who Scott Zagarino is nor have I had any business contact with Sports Grants Foundation.

I'm shocked at the levels people will stoop to capitalize on other peoples creativity and innovation. You and CrossFit have done so much for the world and did so much for me and my brothers way back in the day and so much of what you share is free for anyone with an Internet connection, it offends me that you are having to deal with this and I wanted to voice my opinion regarding Fight Gone Bad and its origin, feel free to use this letter how you see fit.

With great respect,

JD Penn"
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Old 02-10-2012, 12:45 PM   #25
Michael Petersen
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Re: Who has ownership of FGB?

This whole thing is comical and sad to me.

1.) Sportgrants has gotten a free use of CrossFit's unassailable intellectual property for years. The founders of Sportgrants have generated personal income from this endeavor.
2.) They only marketed their event to CrossFit affiliates and athletes.
3.) CrossFit HQ decides to stop supporting Sportsgrants and hold their own event utilizing their own unassailable intellectual property (Fight Gone Bad).
4.) Sportsgrants realises that by not expanding their donor base beyond CrossFit they are now at risk of losing the majority of their donors. The owners of Sportsgrants derive income from this enterprise. Loss of donors also equates to loss of income for them.
5.) Sportsgrants sues for an amount of money equal to what CrossFit will derive from the event (not the amount Sportsgrant has/will lose).

My wife and I participate in multiple charitable CrossFit events a year (including FGB in the past). Suffice to say that anything associated with Sportsgrants will not be on our list this year.
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Old 02-10-2012, 01:12 PM   #26
Russell Greene
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Re: Who has ownership of FGB?

Michael,
Not only that, but Scott Zagarino has sent cease and desist notices to CrossFit affiliates for using the CrossFit Fight Gone Bad workout to raise money for charity.

I think Scott said it best himself,

"It certainly isn’t my genius or my sparkling personality that had anything to do with the more than $4 million we’ve raised together since 2006. Anyone who knows me will tell you that if those were the qualities necessary to pull this off, we wouldn’t have raised enough to get through a tollbooth.

Fight Gone Bad is Fight Gone Bad because it’s CrossFit."

http://therealfgb.blogspot.com/2012/...-gone-bad.html
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Old 02-10-2012, 01:37 PM   #27
John Papianou
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Re: Who has ownership of FGB?

There's a hearing this afternoon.

This dispute should get put to bed at or soon after it.
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Old 02-10-2012, 07:40 PM   #28
Russell Greene
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Re: Who has ownership of FGB?

I've got some good news for the CrossFit community.

CrossFit won the hearing. Sportsgrants failed to get a Temporary Restraining Order against CrossFit.
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Old 02-11-2012, 06:38 PM   #29
Philip Mancini Jr.
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Re: Who has ownership of FGB?

Quote:
Originally Posted by Russell Greene View Post
I've got some good news for the CrossFit community.

CrossFit won the hearing. Sportsgrants failed to get a Temporary Restraining Order against CrossFit.
How is this good news for the CrossFit community? Sportsgrants has run this event for years without any major assistance from CrossFit HQ, so how does the "community" benefit from the failure for Sportsgrants to obtain an temporary RO?
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Old 02-11-2012, 08:11 PM   #30
Dale F. Saran
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Re: Who has ownership of FGB?

Quote:
Originally Posted by Philip Mancini Jr. View Post
How is this good news for the CrossFit community? Sportsgrants has run this event for years without any major assistance from CrossFit HQ, so how does the "community" benefit from the failure for Sportsgrants to obtain an temporary RO?
Wait - what? SG did this "without any major assistance from CrossFit HQ?" And your source for that statement would be what exactly? Let me ask this question - how many rowers did SG buy for FGB 1- 7? How much insurance did they buy for each affiliate owner? How many volunteers went to the various affiliates and scored/judged the workouts? What workout did they create for the fundraiser? How many affiliates did they onboard each year to grow the pool of potential donors and sites? What risk did they take with respect to injury to participants?

I'll answer all questions identically - Zero. Zip. I could go on and on and on.

This doesn't even include any of the direct work by CF HQ employees, which started from year 1 with Nicole and went through any number of HQ folks, including the CF Foundation.

Who allowed Scott Zagarino to take center stage at the CF Games in 2011 and speak and make a pitcvh for FGB VI - while HQ live streamed the event around the world? How much did SportsGrants have to pay for that spot?

I'm sorry, Philip, you are so woefully misinformed it is staggering. I'm not picking on you, but if you say the Earth is flat, I have to call you on it.
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