Gymshark in trademark battle that threatens future of small fitness business
Exclusive: British sportswear firm is seeking to obtain rights to The Conditioning Club, which is also the name of a Gloucestershire gym Gymshark, the £1bn British sportswear firm started in a family garage , is locked in a trademark battle that threatens the future of a small fitness business. Ben Francis, the university dropout who started sewing his own gym clothes in his parents’ garage and…
British fitness apparel company Gymshark is embroiled in a trademark dispute that could impact the survival of a smaller gym business. Gymshark, valued at £1 billion and founded by Ben Francis from a family garage, is seeking trademark rights over "The Conditioning Club," a gym in Gloucestershire. The dispute arises because "The Conditioning Club" is also the name of the local gym, owned by John Watson, who has nine employees and serves approximately 500 members.
Watson registered "The Conditioning Club" as a trademark for gym and fitness services five years ago, believing he had adequately protected his business. However, Gymshark recently applied to register "Conditioning Club" and "The Conditioning Club" as trademarks for various services, including clothing and entertainment. Watson has filed an opposition to Gymshark's trademark application, arguing that the name is descriptive and not distinctive enough to be protected.
Gymshark has countered by attempting to invalidate Watson's original trademark due to its generic nature. Watson now faces potentially high legal costs, has launched a crowdfunding campaign, and is awaiting the UK Intellectual Property Office's decision. This legal battle highlights a stark contrast with Gymshark's reputation for generosity and support for other businesses, despite the financial imbalance in their favor.
Written by urgent.news from Guardian Business's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
