TJS Services is a leading national facility services provider. We deliver quality cleaning, maintenance, construction and facility management services to over 1,500 sites Australia wide. Our…read more
When Pilates ceased being a trademark and became a generic term
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.”
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).
12th January 2020 - Pioneering Pilates in Australia
5th January 2020 - Pilates 100-year journey to be a global fitness phenomenon
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
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.
The Complete Guide to Leisure Industry Products & Services.
Now TPEC Pool Enclosures - see www.ausleisure.com.au/suppliers/tpec-pool-enclosuresread more
Founded in 1961, Myrtha Pools® quickly became Italy’s première swimming pool company, and has since grown into one of the world's leading swimming pool construction…read more
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
iEDM integrate Design, Engineering and Delivery Management services to convert existing spaces into exciting new entertainment venues. Our team consists of highly qualified professionals with diverse…read more
Gladstone Health & Leisure (Gladstone MRM Pty Ltd Australia) is a leading supplier of leisure management and fitness software and is endorsed by leading health and fitness professionals and…read more
Pricemark supplies a wide range of custom branded membership & RFID access products for the Health & Leisure Industry.read more
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
get listed with our suppliers directory
Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!