What Would the World Look Like Without the Word “Pilates”?
Interesting title, isn’t it? Did you know that it was almost the case that only a few could legally use the word “Pilates”? In fact! And even refer to themselves as “Pilates instructors”! Yes, this story really happened, and we are part of it. All of us – you too.
Pilates or not Pilates? That is the question
- Who are you?
- A yoga instructor.
- Who are you?
- A fitness instructor!
- Who are you?
- An instructor of a system of exercises on a mat and/or special equipment based on the teachings of Joseph Pilates…
Sounds strange, right? Yet, before October 2000, a whole host of Pilates instructors could not officially use that term! They had to describe what they did in a completely different way. It sounds absurd. And this absurdity was brought about by Sean Gallagher – who bought a Pilates studio in Manhattan in August 1992. It should be noted that the word “Pilates” and “Pilates Studio” were registered with the United States Patent and Trademark Office in the 1980s – but only as a brand for instructional services, not as a method of exercise. Nevertheless, Gallagher claimed from that point on that he had exclusive rights to use that word. And lawsuits began.
Instructors beware!
The machinery for filing lawsuits against Pilates instructors started in 1992. The question is: how was this even possible? The intrigue was thick here. Gallagher believed that by purchasing the Pilates studio in Manhattan in August 1992, he also acquired the exclusive right to use that word. As evidence, he relied on a fabricated story that – related to that studio – Romana Kryzanowska was the only representative authorized to teach this method – additionally chosen by Joseph Pilates himself.
What did Gallagher actually want? He wanted to force other instructors to pay annual fees in exchange for the right to use the word “Pilates.” And since most instructors did not have the financial means to fight for their rights in court – they simply gave up – paid or simply complied with the ban. Much changed only with Gallagher’s business conflict with the brand Current Concepts – today’s Balanced Body.
Guardians of law and morality
After Gallagher took over the Pilates Studio, the collaboration with Balanced Body continued – the company supplied this network with the necessary exercise equipment and advertised it in its campaigns. However, the year 1996 came when Gallagher decided to force Balanced Body to pay him a huge sum in exchange for using the word “Pilates” or to stop using it. This was the last straw. Ken Endelman – the CEO of Balanced Body – met with Gallagher and expressed his opinion on his actions:
“The idea that Gallagher acquired ‘Pilates’ and that long-time teachers could not use it was absurd. The entire industry was stifled (…). Someone had to stand up to this guy.”
Of course, a lawsuit was filed against Balanced Body. During the four-year battle, many frauds and misrepresentations came to light. For example: the court found that Gallagher intentionally stated under oath that he created Pilates equipment to deceive the United States Patent and Trademark Office. It turned out that neither he nor his predecessors had ever filed a similar lawsuit against Balanced Body’s competitors – and that was because he had never produced equipment and without it, he would not have been able to equip the affiliated studios.
As one might easily guess, on October 19, 2000, after an eleven-day trial, the United States District Court ruled that “Pilates” is the name of a method of exercise that cannot be owned and ordered the immediate cancellation of the trademarks. It was the day when all instructors who did not have the means to fight for their rights regained them.
Evidence Treats
This process was definitely full of surprising twists – especially for the plaintiff. The testimony of Kryzanowska herself (a Pilates student who was a witness for Gallagher) was of key importance to the case. When asked what she does, she replied: “I teach Pilates.” This was one of the arguments for which the court sided with Balanced Body, as trademarks do not cover exercise methods – they can only protect the names of goods and services.
Kryzanowska, like other students of Joseph Pilates, taught the work with this method. Thus, new generations of instructors and supporters of Pilates exercises were and are being created. The court also noted that Joseph himself was keen on popularizing the training so that as many people as possible had access to it and he never took any steps to prohibit anyone from using this name to describe what they teach.
Balanced Body presented many pieces of evidence during the trial that defined Pilates as a generic name – that is, used in everyday language as a method of exercise, and not as Gallagher’s own brand. These included:
- dictionaries definitions,
- hundreds of newspapers, books, magazines, television programs,
- general use of the word by Kryzanowska, Grant, Fletcher, and many other Pilates instructors.
Everywhere the word “Pilates” was a term and reference to the method of exercise. Indeed! Gallagher himself and his lawyers used this term generally throughout the entire trial.
An additional argument for the court was the fact that Gallagher never tried to prohibit Kathy Grant from using the name “Pilates.” For the record – Grant had been teaching this method since the 1960s and was one of only two people in the world to receive a certificate from Joseph Pilates himself. Lolita San Miguel also held such a certificate. This fact legally and morally blocked Gallagher’s actions.
Additional Reasons for Canceling Pilates Trademarks
In U.S. patent law, a registered trademark is only valid in connection with the reputation of a given company – that is, consumer recognition and awareness. Only then is it an integral part of the enterprise, transferred to the buyer. When it comes to the Pilates Studio – there was no talk of such “renown.” This was due to the fact that the then-seller – Healite – had not been conducting business there for three years. Gallagher thus bought the studio, equipment, customer lists, but without the right to protect a recognizable brand, which simply expired. He simply threw away 80% of what he bought (even data dating back to Joseph Pilates’s time). As he admitted in court, he was only interested in the trademark “Pilates,” not in the business or recognition. This was confirmed by Healite.
There Were More Guilty Parties
Not only did Gallagher receive a verdict for fraud. The company Healite was also found guilty of negligence. During the trial, it emerged that Gallagher had acquired the “Pilates Studio” trademark and instructional services in the agreement. Neither Healite nor its predecessors ever used the term “Pilates” in relation to the equipment and its production. According to the law – even if the name was registered with the office, but the company did not use it, the right to it automatically expires.
As a result, Gallagher, aware of the lack of rights to the trademark (it had not been used for over 5 years), reported in 1993 that as a result of acquiring the company, the trademark for the equipment had been transferred to him and that it was in continuous use. As evidence, he deliberately presented plaques that Joseph Pilates had used over 25 years earlier – for which the rights had long since expired. All this to register the trademark “Pilates” in relation to the equipment at all costs.
The Victory of Pilates
It was not Balanced Body that won. Balanced Body merely stood guard over the justice and freedom of instructors. Everyone who has devoted their heart to passing on knowledge about Pilates to others has emerged victorious. Endelman himself emphasized the immense significance of the involvement of many individuals united under the brand Studio Pilates (including Deborah Lessen and her Green Street Studio, which was the first to loudly express its opposition to Gallagher’s actions).
Who benefited from the ruling? Not just the instructors. Competitors of Balanced Body also gained, as did certifying organizations that no longer had to fear lawsuits or demands for absurdly high fees in exchange for using the trademark. After all, it is thanks to all of them that Joseph Pilates’ dream can come true – he wanted as many people as possible to benefit from his method. During his lifetime, few had heard of such training. Today, it is an exercise system known almost worldwide. All thanks to the ambition, perseverance, and effectiveness of teachers who can freely use the name “Pilates.”
I am a graduate in Managerial Economics as well as Finance and Accounting, with a specialization in Marketing. Since 2018, I have been working as a Copywriter at Balanced Body, where I create marketing content for the fitness and Pilates industries. One of my particular strengths is translating complex topics into accessible language and accurately analyzing the needs of target audiences. Outside of work, I am passionate about fire shows and volleyball, which helps me better understand the needs of physically active people.