Who Owns Your Workout? IP Issues and Challenges in the Health and Fitness Industry

From the moment you set foot in a health club, boot camp, or shoe store – or its online equivalent – intellectual property issues surround you. Clubs look to own workout routines, manufacturers seek to own the latest iteration of gym equipment, and everyone wants to control their name and logo. There can be tremendous value in a well-protected and marketed brand, as well as significant risk to making use of assets owned and controlled by someone else. Players in the health and fitness industry should be aware of the various kinds of protection afforded to different intellectual property assets, the limits of each, and how to make the most efficient use of your legal dollar to protect your IP rights.  

Bryan Cave partner Adam Brezine covers the basics of protecting and using IP assets for health club owners and operators, equipment and apparel manufacturers, and fitness professionals. Adam addresses recent developments and issues to be aware of as more content and commerce moves online and into the cloud, as well as practical steps to take for adequate protection of IP assets while avoiding overreach.

Learning Objectives:

I. Grasp basic scope and sources of various types of intellectual property rights, including copyright, trademark, patent, and trade secrets

II. Identify where each might most likely apply in the health and fitness business

III. Know recent court decisions addressing various IP issues in the health and fitness industry

IV. Understand risks and benefits of available IP enforcement efforts

V. Evaluate where to get the most out of legal spending to protect IP rights and practical tips to avoid unnecessary complications