Did a CrossFit Gym Infringe on the Jordan Logo Trademark? [e108]

The guys discuss thetrademark dispute between a CrossFit gym and Nike over the Jordan Jumpman logo. They then answer, "Can I prevent my employees from showing tattoos during work?" What do you think, did this CrossFit gym infringe on Nike? Full Podcast Transcript NASIR: All right. Welcome to our podcast. My name is Nasir Pasha. MATT: My name is Matt Staub. NASIR: Oh, I messed you up, right? This is our podcast where we cover business in the news and answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. Very fun episode today. I’m really looking forward to something that I’m very much into which is CrossFit. Actually, I’m not at all. Never done it in my life but I feel like I should say that. MATT: Yeah, I’ve never done it, never plan on doing it. I have friends that are all about it and I’ve seen people do it. It just seems like it’s asking to be injured. It’s not natural. They’re just, like, jerking around tons of weight awkwardly and – I don’t know – it just seems very questionable but I’m sure it can get you into good shape, if done correctly. NASIR: Yeah, I think the problem is a lot of people do it incorrectly because they’re either not being trained properly or the trainer doesn’t know what they’re doing. Actually, what I am into is all the CrossFit videos of people getting injured doing crazy stuff. That’s pretty funny. MATT: I like to watch injuries. NASIR: Yeah, but they do some really, really dumb stuff and it’s obvious bad form. And then, of course, it’s really what not to do in CrossFit. MATT: Well, it’s one of two things, right? It’s either people that are pushed too far – like, they just go on to keep doing more and more weight or more and more reps so they’re going to push themselves and compromise their body; or, two, they’re just so tired at that point that you’re not 100 percent and you just let something slip and that’s how you get hurt. NASIR: Yeah. MATT: But I’m not like you and like to watch people get injured. NASIR: Uh… Well, I mean, that’s about as close as I can get to CrossFit. MATT: Yeah. NASIR: But there is a joke with CrossFit that I think there’s one rule about CrossFit that you don’t stop talking about CrossFit which is totally true because people that are in it are way in it. I don’t know what it is. MATT: It’s a cult, basically. So, what we’re going to talk about, this is a CrossFit gym in West Palm Beach, Florida. The reason I like talking about these is they’re just good conversation pieces and we’re dealing with trademark infringement, just to let people know. I like to have the debate of whether this is an infringement or not for these things. So, basically, those of you who are familiar with Nike – which I hope everyone is – they have the Jordan brand which, I’m sure, everyone has seen – even you, Nasir. NASIR: Michael Jordan! MATT: Even you who doesn’t watch too much basketball, I’m sure you know who Michael Jordan is and have seen the logo at some point. NASIR: I stopped following basketball when he retired the first time. MATT: 1998. Well, that’s a while ago. So, we’ll link it on the show notes but it’s him, you know, just jumping through the air. It’s the iconic shot of him – like, the ball up in the air, one leg up, one leg back. NASIR: Dunking. MATT: On his way to dunk. So, this CrossFit gym, their logo is basically the exact, it’s not exactly the same but it’s the Michael Jordan Jumpman logo but upside down. NASIR: It’s pretty close. MATT: I just don’t really understand it, I guess. Is it trying to make some sort of message? I don’t understand it to begin with, but that’s why Nike is going after them, saying, “We own the rights to the Jumpman logo. This is infringement. You’ve just taken our logo and flipped it upside-down.” NASIR: How come I can’t find their actual logo? I keep finding the Nike logo. MATT: Yeah, I was just trying to find that, too. If you go to their website,

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