CrossFit, Inc. filed a UDRP Complaint yesterday which listed over a hundred domains containing its CROSSFIT name/mark. Most of the domain names simply tack on a location or city name to the term prefix “crossfit”. Some of the domains listed are:
crossfitagawam.com, crossfitansonia.com, crossfitbeaconfalls.com, crossfitbedford.com, crossfitbethal.com, crossfitbethany.com, crossfitboylston.com, crossfitbradenton.com, crossfitbranford.com, crossfitbranfordct.com, crossfitbrick.com, crossfitbrookfield.com, crossfitcanaan.com, crossfitgreenwich, crossfitcanterbury.com, crossfitcapecoral.com, crossfitcertification.com, truthaboutcrossfit.com
The domains are registered to Results Personal Training (RPT) in Hamden, Connecticut which is owned by Mr. Dave Parise. A link to the Results Personal Training site is provided here. Considering that Mr. Parise works in the fitness area and the calculated way in which the CROSSFIT mark is used with specific location names, it is hard to imagine that RPT had no prior knowledge of the CROSSFIT mark – which has been used by CrossFit, Inc. since as early as January 1985.
That said, the pages for the above listed domains (those that we checked) resolved to plain parking pages with no ads or other content. Further, could there be an argument that the term “crossfit” has become common or generic? I am not a crossfit practitioner, but it seems like the term is used in many different instances to describe a certain type of workout and exercise program that is described generally as “crossfit” – even the CrossFit, Inc. website appears to blur the lines between using the term as a mark and also as a noun and a verb.
“CrossFit is many things. Primarily, it’s a fitness regimen developed by Coach Greg Glassman over several decades. He was the first person in history to define fitness in a meaningful, measurable way (increased work capacity across broad time and
modal domains). CrossFit itself is defined as that which optimizes fitness (constantly varied functional movements performed at relatively high intensity). CrossFit is also the community that spontaneously arises when people do these workouts together. In fact, the communal aspect of CrossFit is a key component of why it’s so effective.”
In the past CrossFit, Inc. has filed lawsuits against 3rd parties using the CROSSFIT mark, including a recent lawsuit alleging various violations of 15 U.S.C. s.1125 against a personal training company in Arizona that was using the domain crossfitworkoutscottsdale.com. In any event, it appears that RPT will have its hands full with this UDRP and will have to come up with some compelling reasons to explain the registrations in light of CrossFit, Inc’s long-established rights...