Over the years, CrossFit, Inc. has earned a reputation for tirelessly protecting the CrossFit trademark on behalf of its worldwide community of trainers and affiliates. This is one reason why the International Trademark Association recently deemed the CrossFit mark “famous,” a distinction afforded very few global brands. The value of this distinction extends to anyone and everyone in our community who trains or operates a gym under the CrossFit trademark.
Nearly every country in the world today recognizes the elevated status of the CrossFit trademark, and their courts consistently rule to protect the mark from CrossFit infringers, thieves, and fraudulent operators. Recent court rulings in Brazil illustrate the challenges and, ultimately, the successes that result from CrossFit’s fierce protection of the CrossFit trademark.
Brazil is home to the second-highest concentration of CrossFit affiliates anywhere in the world: 1,177. Despite CrossFit’s popularity in the country, it took CrossFit, Inc. years of legal efforts to secure its trademarks rights in Brazil. In 2019, the Brazilian trademark office finally registered the CrossFit mark, with the president of the trademark office noting to Greg Glassman that CrossFit is one of the most widely recognized brands in all of Brazil. Official registration of the CrossFit trademark has allowed CrossFit to dramatically step up its legal fight against trademark infringers in Brazil.
Prior to registration of the mark in 2019, CrossFit, Inc.’s cease-and-desist letters and trademark oppositions were generally successful. In 65 percent of the cases, the infringers complied with our demands to stop using the CrossFit trademark. Since 2012, CrossFit, Inc.’s legal team has sent over 850 cease-and-desist letters to individuals and companies in Brazil who misused the CrossFit trademark. These letters were primarily sent to gyms and other fitness facilities that were offering CrossFit training but were not licensed affiliates. We also filed formal oppositions against those who sought to apply for a trademark in Brazil that incorporated the “CrossFit” name or a confusingly similar variation of it.
Now that the CrossFit trademark is officially registered, CrossFit, Inc. expects 100 percent compliance with its cease-and-desist demands. In the cases in Brazil where we do not obtain compliance, CrossFit, Inc. continues to aggressively file trademark lawsuits and is already meeting with success.
On May 10 and 13, 2019, CrossFit, Inc. filed two court actions against local Brazilian gyms that have been using the CrossFit trademark without any authorization or affiliation. CrossFit, Inc. immediately requested that the Brazilian courts issue an injunction — an official order of the court prohibiting an individual or business entity from specific action prior to a final ruling in the lawsuit — in both cases. Both courts granted CrossFit, Inc.’s requests and awarded us preliminary injunctions against the infringers.