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Old 12-28-2012, 06:26 PM   #1
Jonathan Groves
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Denied CrossFit Affiliation due to trademark infringement.

Has anyone else has this happen to them? CrossFit accepted my affiliation papers...then two days later I had it revoked because the gym I wanted to run Classes at has been denied for "continued trademark infringement." There is quite a long story behind this so I don't want to go into it unless I need too. I am just curious what this means for me personally. Will I no longer be able to get an affiliation? Is the gym banned forever for running CrossFit?

Any help will be appreciated.


Reason I'm posting here is because I have sent 4 emails to HQ and no one will call or email me back...So I'm asking here.
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Old 12-28-2012, 07:05 PM   #2
Sean Dunston
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Re: Denied CrossFit Affiliation due to trademark infringement.

I have no insights as to this mess, but I do know that HQ takes a very strong stance against IP theft, and trademark infringement is IP theft.

My suggestion would be to remove yourself as far away from the offending gym as you can. Show HQ that you are not in any way connected them.

Regardless of what the actual arrangemnt between you and the gym may be, it could appear that you are just a new face in an otherwise tainted place. If that's the case, I'd think HQ would have good reason to deny affiliation.

Good luck.
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Old 12-28-2012, 07:22 PM   #3
Jonathan Groves
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Re: Denied CrossFit Affiliation due to trademark infringement.

We applied for affiliation way back in September. We waited 5 weeks to be turned away because the Owner of the gym who applied did not have a L-1. Understandable that was our fault.

We re-applied with our L-1 Trainer. We then waited another 5 weeks. Then on the last day we got denied Affiliation because we were advertising cross-fit. We had Crossfit Videos on our facebook page but we did not advertise Crossfit.
Esther Dohl called our gym and one of our front desk employees said we offered Crossfit. The reason he Slippped out and called it Crossfit. Myself and the other trainer always do Crossfit. We wear your brand, clothes and shoes. We talk about Crossfit Athletes, we talk about the games, we compare our benchmarks to other crossfit athletes.
We were running classes called X-fit. Yeah, I know X-fit = Crossfit...but the gym used to be called Xtreme Fitness and had a class called x-fit back in the day so we just decided to call that. Once again Understandable because its "confusingly similar"

We were put on probation for one month and all videos were removed. The probation I am fine with. We should of read the rules a little better and not got impatient. There was no promoting crossfit, But i see the point.
We have a talk with all of our memebers and employees and explain to them what has happend and it is not called Crossfit.

Esther called again and spoke to the owner of our club and he made it clear we did not offer crossfit but had a class that was similar to crossfit. She kept on insisting it was crossfit and he kept denying it was crossfit. This went on for a few minutes trying to get him to call it crossfit. He did not. Finally she said "So let me get this straight you offer the gym membership for 39.99 a month then crossfit on top of that for 50$ extra.....He said yes. Five minutes later we get a email from Esther saying we are denied affiliation.

All the while getting reported from a local affiliate for "advertising" crossfit....which we were not....every single person that came into the gym asking about crossfit was told specifically it was not crossfit. ever person that called was told we told it was not crossfit.

Myself and the other trainers wear crossfit clothes, oly shoes, nanos, we compete in local competitions and the open.. people at the gym are obviously going to assume and call it crossfit no matter what we call our program.
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Old 12-28-2012, 07:29 PM   #4
Eric Montgomery
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Re: Denied CrossFit Affiliation due to trademark infringement.

Quote:
Originally Posted by Jonathan Groves View Post
We applied for affiliation way back in September. We waited 5 weeks to be turned away because the Owner of the gym who applied did not have a L-1. Understandable that was our fault.

We re-applied with our L-1 Trainer. We then waited another 5 weeks. Then on the last day we got denied Affiliation because we were advertising cross-fit. We had Crossfit Videos on our facebook page but we did not advertise Crossfit.
Esther Dohl called our gym and one of our front desk employees said we offered Crossfit. The reason he Slippped out and called it Crossfit. Myself and the other trainer always do Crossfit. We wear your brand, clothes and shoes. We talk about Crossfit Athletes, we talk about the games, we compare our benchmarks to other crossfit athletes.
We were running classes called X-fit. Yeah, I know X-fit = Crossfit...but the gym used to be called Xtreme Fitness and had a class called x-fit back in the day so we just decided to call that. Once again Understandable because its "confusingly similar"

We were put on probation for one month and all videos were removed. The probation I am fine with. We should of read the rules a little better and not got impatient. There was no promoting crossfit, But i see the point.
We have a talk with all of our memebers and employees and explain to them what has happend and it is not called Crossfit.

Esther called again and spoke to the owner of our club and he made it clear we did not offer crossfit but had a class that was similar to crossfit. She kept on insisting it was crossfit and he kept denying it was crossfit. This went on for a few minutes trying to get him to call it crossfit. He did not. Finally she said "So let me get this straight you offer the gym membership for 39.99 a month then crossfit on top of that for 50$ extra.....He said yes. Five minutes later we get a email from Esther saying we are denied affiliation.

All the while getting reported from a local affiliate for "advertising" crossfit....which we were not....every single person that came into the gym asking about crossfit was told specifically it was not crossfit. ever person that called was told we told it was not crossfit.

Myself and the other trainers wear crossfit clothes, oly shoes, nanos, we compete in local competitions and the open.. people at the gym are obviously going to assume and call it crossfit no matter what we call our program.
It sure sounds like the part is bold is what HQ had a problem with...the club owner essentially admitted that he was getting an extra $50 per month from clients for offering them CF classes, so HQ wouldn't be too happy that your club was making money off the CF name. Whether that's entirely true is debatable, but your club owner didn't do you any favors in the way he phrased his answers.
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Old 12-28-2012, 07:37 PM   #5
Jonathan Groves
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Re: Denied CrossFit Affiliation due to trademark infringement.

I understand that. I know we are applying to be with them.

But if that would of been a true customer calling about crossfit....the conversation would of ended at...No we do not offer crossfit...we have group fitness classes. done.

She called to find trouble..and she did not stop until she did.

Being the owner of the company....do you really want to start an argument with a customer over what something is called? Especially when they keep pushing the name.

We were being reported by a local affiliate for running crossfit classes because our clients were calling it crossfit.(he is trying to open up another affiliate in the same area, has been for the past year obviously he is trying to start trouble not "protect crossfit") Every single person that called and asked about was told it was not crossfit. Every person that came into the gym was made aware that it was not crossfit.
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Old 12-28-2012, 08:18 PM   #6
Sean Dunston
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Re: Denied CrossFit Affiliation due to trademark infringement.

Based on the above - it doesn't look good.
Just my $0.02
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Old 12-28-2012, 08:18 PM   #7
Brian Strump
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Re: Denied CrossFit Affiliation due to trademark infringement.

I'd be on the side of CF HQ here. Who cares that you wear Nanos, and other CF gear. Do benchmarks, and enter into the Open. CF HQ doesn't care, and neither would any affiliate. At this point of starting, you need CF more than they need you.

If you want to get affiliated, I would suggest getting out of that gym, and get someone else certified and put the affiliate under a different name.


Quote:
Originally Posted by Jonathan Groves View Post
I understand that. I know we are applying to be with them.

But if that would of been a true customer calling about crossfit....the conversation would of ended at...No we do not offer crossfit...we have group fitness classes. done.

She called to find trouble..and she did not stop until she did.

Being the owner of the company....do you really want to start an argument with a customer over what something is called? Especially when they keep pushing the name.

We were being reported by a local affiliate for running crossfit classes because our clients were calling it crossfit.(he is trying to open up another affiliate in the same area, has been for the past year obviously he is trying to start trouble not "protect crossfit") Every single person that called and asked about was told it was not crossfit. Every person that came into the gym was made aware that it was not crossfit.
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Old 12-28-2012, 08:29 PM   #8
Jonathan Groves
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Re: Denied CrossFit Affiliation due to trademark infringement.

Quote:
Originally Posted by Brian Strump View Post
I'd be on the side of CF HQ here. Who cares that you wear Nanos, and other CF gear. Do benchmarks, and enter into the Open. CF HQ doesn't care, and neither would any affiliate. At this point of starting, you need CF more than they need you.

If you want to get affiliated, I would suggest getting out of that gym, and get someone else certified and put the affiliate under a different name.

I wasn't meaning we should get our affiliate because we all are decked out in crossfit.


I have been doing crossfit for 3 years...recommending it to EVERYONE! I get a affiliation in and i have to stop that?

Its confusing to people....ohhh sooo you do crossfit? I can not say that now because im a trainer at the gym that is trying to be affiliated.



How did you get that strong and run a 6:15 mile......Crossfit?
- Nope. Our group fitness class.
Wait? Didnt you do a crossfit comeptition last weekend?
- Yes.
But you dont do crossfit here?
- Nope just group fitness.


This is the battle we have fought the past 4 months.
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Old 12-28-2012, 09:24 PM   #9
Eric Montgomery
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Re: Denied CrossFit Affiliation due to trademark infringement.

Any company that's worth anything is going to make an effort to protect their brand name, and that includes preventing people from using it if they aren't paying the appropriate licensing fees and royalties. Right or wrong, HQ seems to think that your gym benefited from using the CF name without paying affiliation fees. I can understand them not being eager to approve your affiliation now.
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Old 12-28-2012, 09:41 PM   #10
Jonathan Groves
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Re: Denied CrossFit Affiliation due to trademark infringement.

Quote:
Originally Posted by Eric Montgomery View Post
Any company that's worth anything is going to make an effort to protect their brand name, and that includes preventing people from using it if they aren't paying the appropriate licensing fees and royalties. Right or wrong, HQ seems to think that your gym benefited from using the CF name without paying affiliation fees. I can understand them not being eager to approve your affiliation now.


You are right and I completely understand that. We did EVERYTHING HQ asked while we were on probation. We continued to get reported by people that had no idea what was going on at the gym, no idea that every single time some asked it was No we do not offer crossfit classes...We have group fitness classes and all of our trainers have a crossfit level 1. It was a move made so he could be the only affiliate in the area. This is a Community....not a business...its not about money..its about the community...when a box opens up that promotes the sport.

Oh here is another reason this is so hard.....Hey man, i heard you lost a lot of weight how did you do it.

http://talktomejohnnie.com/crossfit-...tball-feedback (Safe for work)

right to a thank you letter I sent John Welbourn for the programming.

Do I feed them a big line of oh well its group fitness blah blah blah.
Or do I tell them it was CrossFit! what I truely believe in
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Last edited by Jonathan Groves : 12-28-2012 at 10:00 PM.
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