Emergent Sues to Invalidate CrossFit Trademark

Emergent Legal, in partnership with The Gaw Group, has sued to invalidate the "CrossFit" trademark claimed by CrossFit, Inc.

In February of this year, our client, a Bay Area exercise equipment seller who has been in business for 32 years, was sued by CrossFit for trademark infringement based on a small portion of his website that advertises the sale of "crossfit equipment."  CrossFit does not sell or license equipment of its own; its revenue is derived almost entirely from licensing its name to trainers and gyms.

In late April, we answered and asserted counterclaims against CrossFit, alleging that the claimed trademark is invalid because:

  • CrossFit fails to distinguish its exercises from any others available on the market,
  • CrossFit makes no attempt to control the content or quality of the exercises taught by its licensed trainers and gyms,
  • CrossFit has failed to take reasonable steps to enforce its trademark during the 30 years it claims to have used the term in commerce, and
  • Over that 30-year period, the term "crossfit" has become a generic description for a wide range of exercises.

We are grateful for the opportunity to represent a local entrepreneur in his dispute with a much larger company.  To find out whether Emergent can help you even the odds, contact us.