CROSSFIT a very common term mostly used by every gym and fitness center in India leads to a compensation of Rs. 10,00,000.
Mr. Arun Sharma proprietor of RTB GYM & FITNESS CENTER was using the term CROSSFIT since March 2018 with his premises, literature, and online platforms with hashtags (#).
Let’s try to understand what’s wrong with the term “CROSSFIT”
CROSSFIT is a coined name and registered Trademark of CrossFit LLC for stationary, fitness, and garments. The brand name is also registered and used by the company in many countries including India. CROSSFIT is operational in 145 countries and associated with more than 15,000 Gyms and licensed its Trademark to many others.
To protect its Intellectual Property Rights wasted in its Trademark the company filed a suit, which was listed for hearing on 29th October 2021. A pre-litigation mediation was also tried by the company before filing the suit. The court on the date of hearing granted an ad-interim injunction to the company and made it absolute on 15th February 2022.
Mr. Arun Sharma continued to use the “CROSSFIT” despite the injunction being granted. CrossFit LLC filed an affidavit on the 5th of September along with a statement of the cost incurred by the company on various accounts including Legal and Court fees, and miscellaneous expenses.
The court awarded the cost of Rs. 10,00,000/- to CrossFit LLC and appointed a local commissioner to visit the premises, and empowered him to takedown any billboards, advertisements, signage, and hording with the term “CROSSFIT” and to seize any stock, packaging material, stationary, promotional materials, invoices, brochures, having the brand name “CROSSFIT” or any similar or confusingly similar name, and to hand over such products to the company.
Infringe any Trademark, Logo, and other Intellectual Property rights similar, nearly similar, identical, mis-spelling, and misrepresentation to a registered trademark in India can bring legal complications. Even using a registered trademark in hashtags (#) for similar products or services can also be termed trademark infringement. A term that may become commonly used in the industry by pass of time or with its popularity is even protected through Trademark Registration in India.
About the Author:
The Author is based in Jaipur, Rajasthan, and one of the best trademark registration service providers in Jaipur. The Author is also associated with many Law Firms and Chartered Accountants. The Author is enrolled with The Rajasthan High Court, Jaipur and had pursued L.L.M from Manipal University Jaipur in Corporate & Commercial Law also attended certificate courses conducted by WIPO (World Intellectual Property Organization), RGIIPM (Rajiv Gandhi National Institute of Intellectual Property Management), and Mumbai National Law University (MNLU). The Author has consulted many Startups and business owners to successfully secure their trademarks and other Intellectual Property Rights throughout India. Some of the popular brands the author has worked for are INDIBNI, INDIGIFTS, SYSTON TEA, ACCURATE BALL INDUSTRIES, DOLFIT, SHARARAT, SHYAM KRIPA FRAGRANCES, COFFEE CARTEL, ABHIPRAY, LINKESMIND, SLA, RATNA SAGAR JEWELS, CHANDRAKALA, J A D (JAJU ART DIMONDS), ITISHA, FAT RABBIT, MRS. MAGE, NAAP MART, STILSKII, DUNECREST, PINAKI LEGAL, UDHAR BAZAR, REMERA and many others.
Disclaimer: The details and elaboration provided is for knowledge-sharing purpose only and are not to be termed as legal advice. The Trademarks used in the article belong to the right holders only and are not related to the company.