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Old 12-29-2009, 07:46 PM   #23
Justin Herring
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Join Date: Sep 2008
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Quote:
Originally Posted by Garrett Smith View Post
Parker,
Nothing against your personal mission here, but I don't have the time or inclination to go to the courthouse to find anything.

CF won't have much to stand on if they try to "protect" the word CrossFit, based on this landmark case in NY on the word "Pilates":
Court overturns Pilates Trademarks
***
CASE CLOSED.
Just to be clear, originality or value have nothing to do with trademarks (they are required for patents though). Trademarks are about brands. You can trademark a freaking bottle of water that is identical to tap water.

If Crossfit ends up like Pilates, it will be because the term has become a generic descriptor for a certain type of exercise, not because they are not original (or not effective, or not disclosed, or lacking in specificity, etc.).

This is explained here: http://en.wikipedia.org/wiki/Genericized_trademark

This is why Coke sometimes pays people to go around and make sure that other company's soda is not referred to as Coke. This is why I couldn't trademark "weightlifting!" as the exclusive brand of my new company.
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