I've never done the P90X videos so I'm not sure how those work. But I am curious as to what exactly they have trademarked? I can't imagine they can trademark a push up, or a sit up, or any other specific exercise... right? So, what is trademarked? The order of their workouts? Just the name? Do personal trainers need to be careful about using a similar workout for fear of being sued? I'm pretty confused so any info would be helpful.
Thank you!
A search of the USPTO trademark database (please see the link below) turns up several relevant registrations.
"P90X" is used to identify the provider of certain exercise equipment, fitness instruction and nutritional counseling services.
You can provide similar equipment and services - you just can't use the name "P90X" to label your products or services.
Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.
Trademarks designate the source of products or services. Product Partners, LLC, the rightsholder of the P90X products, owns 176 live TMs which you can see by searching the database for their TMs under their owner name:
http://tess2.uspto.gov/bin/showfield?f=toc&state=4010%3Aj6ub7t.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=live&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=%22product+partners+llc%22&p_tagrepl%7E%3A=PARA2%24OW&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
Making a list of what they own would take someone a fairly long time. While Product Partners LLC doesn't own the exercises themselves, no one does, they do own these brands and the products with these brands, so you can see if you click on any of their TMs that they own various things. For example, for the CLUB BEACHBODY service mark, they own TMs in classes 38 (telecomunications) and 41 (education). For HIP HOP ABS, they own a TM for class 25, clothing. Etc., etc., etc.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
A trademark is a name, word, slogan, phrase, logo, image, symbol, or design, or some combination of any of these, that is used by business or person (or government) to identify and distinguish its products or services from those of others, and to indicate the source of the goods. What we call a "brand name" is one kind of trademark.
So, when it boils down to it, the "workouts" themselves are not trademarked, but the names, slogans, logos, etc. that the company has associated with the workouts are. You are correct that they cannot trademark specific exercises (though they might be able to trademark a specific name for a specific exercise). For the most part, absent a patent, the underlying idea cannot be protected, which would likely include the order of the workout. Now, if you copy the order of the workout and other elements of their program, and the result is something that might confuse the client or customer into thinking that you are licensed by, approved by, affiliated with or otherwise related to the P90X company, you could wind up running afoul of some other intellectual property laws set forth in the Lanham Act.
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