CrossFit vs CrossBox

Since 2006, the CROSSFIT trademark has been registered in the European Union for fitness training. This fitness program was conceived in America, using car tires and sandbags. The concept and name are licensed to many gyms. When VES (an organization of independent gyms) starts offering a similar training under the name THE CROSS BOX, CrossFit objects to this. 

CrossFit is a well-known trademark and therefore enjoys wide scope of protection. The trademarks are similar and the services identical.

The court disagrees. The claim of a well-known trademark has not been well motivated, because the evidence submitted is focused on America and not the European Union.

The CrossFit brand does not enjoy broad protection because it is deemed somewhat descriptive. CROSS is derived from Cross training (a mix of training forms) and Fit refers to Fitness. Using the word BOX creates sufficient distance. Slightly descriptive names are very attractive from a marketing perspective, but remember that the scope of protection is limited.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?