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Gymshark battles small gym over trademark
15 Nov
Summary
- Gymshark seeks trademark rights for 'The Conditioning Club'.
- Gloucestershire gym has used the name for five years.
- Small gym owner calls it a 'David and Goliath' situation.
A significant trademark battle is underway involving Gymshark, the prominent British sportswear firm valued at £1bn, and a small fitness business called The Conditioning Club, based in Fairford, Gloucestershire.
Founded five years ago by John Watson, The Conditioning Club has established a local community with approximately 500 members and nine staff. Watson registered the business name with the UK Intellectual Property Office (UKIPO), believing it offered protection.
Gymshark, established in 2012 by Ben Francis, applied last March to register 'Conditioning Club' and 'The Conditioning Club' for various services. While Gymshark's application did not cover fitness and training services, it entered the same class as Watson's existing registration.
Watson has opposed Gymshark's application and sought to extend his own trademark coverage. Gymshark, in turn, has challenged Watson's original trademark, deeming the name too generic. This has led to Watson incurring substantial legal costs, prompting a crowdfunding campaign.
Watson expressed feeling intimidated by the financial disparity, likening the situation to a 'David and Goliath' struggle. He seeks a sensible resolution to protect the business he has spent five years building, a situation that contrasts with Gymshark's public image of generosity, exemplified by recent donations to other community initiatives.
