Latest News

Back to Latest News back

 

When Pilates ceased being a trademark and became a generic term

When Pilates ceased being a trademark and became a generic term
January 19, 2020

As Pilates grew in popularity from the 1970s and into the 1980s and beyond, the Pilates name was held in trademark and only people who went through a very specific program could use it.

Everyone else, irrespective of their level of training or quality of equipment, had to mitigate their title with disclaimers like 'Pilates-based' or 'Pilates inspired'.

As a result, a four-year legal battle between Pilates instructor Sean Gallagher, who had trademarked the Pilates name, and Ken Endelman, founder and Chief Executive of California, USA-based Balanced Body, Inc., led to a US Court decision that saw the name 'Pilates' declared as standing for an exercise system that could not be trademarked. 

On 19th October 2000, US District Court Judge Miriam Cedarbaum ruled that then existing Pilates trademarks were invalid and directed the United States Patent and Trademark Office to cancel them with immediate effect.

Pilates is ‘generic’
The Court‘s 93-page opinion, invalidated Gallagher’s trademarks for Pilates exercise services and Pilates equipment, finding that Pilates is a generic term - rather like yog or aerobics. 

The Court found that since “consumers identify the word ‘Pilates’ as a particular method of exercise (the) plaintiff cannot monopolize (it).” 

Gallagher was also found to have “deliberately attempted to mislead” the United States Patent and Trademark office by falsely claiming in sworn documents that he had manufactured Pilates equipment.

Implications of the Court decision
This decision had significant repercussions for the entire Pilates community with positive and negative results.

Marguerite Ogle, a freelance writer and experienced natural wellness and life coach, who has been teaching Pilates for more than 35 years, wrote on the VeryWellFit website last year, that the positive result of the Court decision was that those who do have legitimate training in the Pilates method are now free to call their work Pilates. 

Ogle highlighted that “before the lawsuit, even those who had trained extensively with Joseph Pilates himself could not refer to their work as Pilates. In addition, many credible Pilates certification training programs are now able to legitimately state that they are teaching Pilates and graduating instructors certified to teach the Pilates method.”

However, she also indicated a downside, writing that “now that the Pilates name is free for anyone to use, many are. There has been a dramatic rise in the number of programs claiming to offer certification in the Pilates method in as little as a weekend of study.

“In turn, there are fitness instructors who, though they may be very talented in their field, take these short courses, get ‘certified’ and then claim to be Pilates instructors. Some may not even realize that the Pilates method is actually a very sophisticated science that requires a lot of study and experience as a student before they are qualified to teach.”

Consumer Concerns
The widespread release of the Pilates name also affects consumers. Gallagher, who lost his bid to maintain his trademark on the Pilates name, has expressed some concerns, saying that anyone can teach whatever exercises they wish and call them ‘Pilates’ or the ‘Pilates method’, and anyone can put the Pilates name on exercise equipment, regardless of whether it has any relation to the equipment developed by Joseph Pilates.

While many members of the Pilates community agree with Gallagher’s concerns, some feel that the community needed to take these risks in order to make the Pilates name available to those who were teaching Pilates exercise in an authentic way. 

In her article, Ogle concluded “the responsibility now falls on all Pilates practitioners to maintain the integrity of the Pilates system. At this point, there is quite a lively debate going on as to how this is going to happen.”

Click here to read Marguerite Oglle's article 'Pilates Trademark Battle and the Certification Process' on the VeryWellFit website.

Click here to read Balanced Body's view on the US District Court of 19th October 2000.

Images: KX Pilates (top) and Ken Endelman, founder and Chief Executive of Balanced Body, Inc. (below).

Related Articles

12th January 2020 - Pioneering Pilates in Australia

5th January 2020 - Pilates 100-year journey to be a global fitness phenomenon

17th December 2019 - F45 Training takes legal action against Body Fit Training over alleged patent infringement

7th December 2019 - CrossFit wins US$4 million in damages in ‘false and fabricated data’ court case

17th August 2019 - Studio Pilates reveals ongoing Australian and international growth

7th January 2019 - KX Pilates founder steps back with appointment of new Chief Executive

10th November 2017 - Celebrities back men’s Pilates charity push

25th October 2017 - Reformer Pilates reimagined at new Sydney studio

1st August 2017 - Pilates Studio transforms business with nutrition and diet

2nd April 2017 - Pilates instructor recognised as top information professional

13th November 2014 - One Hot Yoga and Pilates to launch new Melbourne studio and Hot Mat Pilates

17th June 2014 - HF Industries release Pilates for Fitness Facilities publication

23rd April 2014 - Australia to celebrate International Pilates Day

18th July 2012 - Leisure Concepts Australia named Stott Pilates international distributor of the year

20th July 2010 - HF Industries add to their Balanced Body Pilates products


Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?

The news we publish at www.ausleisure.com.au is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.

However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.

Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.

Subscriptions cost just $90 a year.

Click here to subscribe.

 

supplier directory

The Complete Guide to Leisure Industry Products & Services.

See the directory see all

HIDROPLAY

Hidroplay welcomes you to the exciting world of children's Playscapes, waterslide's and Water Attractions. Appealing to families, Hidroplay increases patronage in your facility during those…

read more

Aquatics / Play / Recreation

 
 

GEOFF NINNES FONG AND PARTNERS

Geoff Ninnes Fong & Partners (GNFP) is a structural, aquatic and civil engineering consultancy with broad experience in the design of new municipal and institutional swimming pools, hydrotherapy…

read more

Aquatics / Consultants / Design / Venues

 
 

BODY BIKE AUSTRALIA

BODY BIKE® International is a leading manufacturer of indoor bikes with a 20-year track record of creating the best indoor bikes. Stay connected with Body Bike Australia…

read more

Fitness / Recreation / Sport / Technology / Wellness

 
 

Humanforce

Humanforce is a global provider of workforce management solutions for companies who need flexibility to manage complex workforces. Companies use Humanforce to manage everything from time and…

read more

Hospitality / Retail / Technology / Venues

 
 

The P.A. People

The P.A. People is a specialist integrator and contractor in sound reinforcement, audio visual systems, performance lighting and production communications. Over its almost 50 year history the company…

read more

Entertainment / Events / Sport / Technology / Venues

 
 

PlayRope

Playrope Aqua-Fun, are the Australian & New Zealand exclusive distributors for Vortex Aquatic Structures International, the world leader in aquatic playgrounds and urban water landscapes.…

read more

Aquatics / Attractions / Parks / Play / Recreation

 
 

Quayclean

Quayclean are a national cleaning and waste services partner with proven results in the understanding and delivery of cleaning needs and challenges faced by facilities including; major venues and…

read more

Aquatics / Hospitality / Surfaces / Venues

 
 

COMMERCIAL AQUATICS AUSTRALIA

Commercial Aquatics Australia provides aquatic solutions nationwide and is one of the largest and most experienced companies specialising in the design, construction, renovation, service, maintenance…

read more

Aquatics / Design / Play / Waterparks

 
 
 
 

get listed with our suppliers directory

Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!

list your business