Emergent Legal has filed suit against CrossFit Inc. and its founder, Greg Glassman, on behalf of Jeff and Mikki Martin, the founders of CrossFit Kids -- a program adapting the high-intensity regimen of CrossFit to minors.
The suit alleges that the Martins created CrossFit Kids in 2004 under an exclusive long-term license from CrossFit Inc., and over the next six years devoted themselves to developing "workouts of the day," a trainer curriculum, an affiliate program, and best practices for applying CrossFit to CrossFitters under 18. In late 2010, the Martins agreed to move CrossFit Kids operations under the CrossFit Inc. umbrella (but maintain their license of the CrossFit Kids name and program) and disband the CrossFit Kids affiliate program in exchange for CrossFit's promises to share profits and support the Martins' work.
The suit also alleges that, in March of this year, CrossFit suddenly began to claim that the Martins did not hold a license to operate CrossFit Kids, and had no rights to the program they had created. In October, CrossFit Inc. fired the Martins without notice and took full control of the CrossFit Kids program. It also sued them on the theory that they were infringing the CrossFit trademarks by using the CrossFit Kids name -- even though they have been operating the program under a license from CrossFit for ten years.
On Wednesday the Martins responded to CrossFit's complaint and filed their own counterclaims, alleging that CrossFit has failed to share the promised profits and asked the Martins to bring CrossFit Kids "under the CrossFit umbrella" solely so that it could steal the program from them and keep for itself the millions of dollars in annual revenue that CrossFit Kids generates.
We're grateful for the opportunity to help these hard-working clients protect what they built. To find out about how we can help you, contact us.