The conflict began when Gymshark founder Ben Francis sought to register "Conditioning Club" across multiple categories, colliding with Watson's five-year-old registration for fitness services and branded apparel. In retaliation to Watson's formal opposition, the retail conglomerate filed to invalidate the small gym's original trademark. The legal defense has dragged on for nearly 18 months, forcing Watson to launch a CrowdJustice campaign to cover mounting legal bills that are nearing £30,000.
Key points
Gymshark is actively seeking to invalidate Watson's registered trademark by arguing the p…: Gymshark is actively seeking to invalidate Watson's registered trademark by arguing the phrase lacks distinctiveness.
Watson has turned to crowdfunding on CrowdJustice after legal costs mounted toward thirty…: Watson has turned to crowdfunding on CrowdJustice after legal costs mounted toward thirty thousand pounds.
The sportswear giant holds several existing registrations for the brand name Lifting Club…: The sportswear giant holds several existing registrations for the brand name Lifting Club but declined to comment.
Sources checked by our analysis pipeline: 1
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 is now estimated to be worth £800m, is trying to add The Conditioning Club to his Gymshark stable of trademarks.
However, The Conditioning Club is also the name of a gym and fitness business based on an industrial estate in the Gloucestershire town of Fairford.
Founded by John Watson, who is the same age as 34-year-old Francis, the company registered its name at the UK Intellectual Property Office (UKIPO) for gym and fitness services five years ago.
Watson, who has nine staff and three self-employed personal trainers serving about 500 members, is now awaiting the outcome of proceedings by the UKIPO.
“When I registered our name, I thought I had done what I needed to do to protect us,” says Watson. “Five years later, we have members, employees, premises, relationships with schools and sports clubs and a…
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