Gymshark vs. The Conditioning Club: A Trademark Battle
Gymshark, the £1bn British sportswear firm that started in a family garage, is embroiled in a trademark dispute that threatens 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, seeks to expand his Gymshark empire by adding The Conditioning Club to his portfolio of trademarks.
However, The Conditioning Club is also the name of a gym and fitness business based in Fairford, Gloucestershire. Founded by John Watson, who is the same age as Francis (34), the company secured its name for gym and fitness services at the UK Intellectual Property Office (UKIPO) five years ago.
Watson, who employs nine staff and three self-employed personal trainers serving approximately 500 members, awaits the outcome of the proceedings at the UKIPO.
“When I registered our name, I thought I had protected us. Five years later, we have a thriving community built around our name. I never imagined I’d have to defend it, especially against a company like Gymshark, which also started from humble beginnings.” - John Watson
Francis founded Gymshark in 2012, and US private equity firm General Atlantic invested in 2020, valuing the company at £1.25bn and making Francis a multimillionaire in his 20s. He received an MBE for services to commerce and the economy at 30.
Last March, Gymshark applied to register Conditioning Club and The Conditioning Club as trademarks, seeking to offer services in classes including clothing, retail, and entertainment. While Gymshark didn't apply for a trademark covering fitness and training services, one of their applications falls within Watson's registered class, as he had been selling branded gear for several years.
Watson opposed Gymshark's application and also sought to extend his trademark to cover retail and other classes not initially registered. Gymshark countered by challenging Watson's original trademark, arguing that The Conditioning Club is descriptive, too generic, and not distinct enough for trademark protection. Interestingly, Gymshark has multiple trademark registrations for the generic Lifting Club.
Watson's legal costs have climbed to nearly £30,000, prompting him to launch a crowdfunding campaign. He has raised just over £5,000.
“It feels intimidating; the financial gap between us is vast. They can afford a prolonged battle. It’s a David and Goliath scenario. I just want a sensible arrangement. This is about protecting my business.”
The ongoing legal battle, lasting almost 18 months, seems at odds with Gymshark's brand image and ethos, which include recent acts of generosity, such as donating £10,000 to a burned-down gym and helping a British athlete raise funds for the Olympics.