Radical Fitness moves to protect intellectual property

Group fitness provider Radical Fitness is taking action against a former instructor for his marketing of allegedly derivative fitness programs.

Having been trained in Radical Fitness’ FIGHT DO and X55 programs over several years, Fernando Gorini has developed the Steel Combat system, which he apparently now plans to promote in Australia and New Zealand.

However, Radical Fitness co-creator and co-owner Nathaniel Leives sees that Steel Combat program is a copy of Radical Fitness’ programs which he views as an infringement of intellectual property rights owned by Leivas and Radical Fitness co-creator and co-owner Gabriela Leivas.

In an alert issued to the fitness industry, Nathaniel Leivas explains that Gorini’s Steel Combat program “is an unquestionable copy of FIGHT DO (and) the same applies to the program he calls ‘Steel Tonic’ copying our X55 program.”

Nathaniel Leivas provides a link where he explains that interested parties “will find documents that further evidence the ways in which the programs Fight Do and X55 have been unlawfully copied by Fernando Gorin in his Steel Programs, including the presentation used in his certifications.”

Nathaniel Leivas adds that graphs that he has personally designed “have been shamelessly copied and pasted.”

He continues “these actions … cause great confusion in the fitness market since many people are not aware of the fact that Steel Combat and Steel Tonic are mere copies of Fight Do and X55 respectively.

Nathaniel Leivas also highlights that all Radical Fitness programs use licenced music with “all copyright and reproduction rights fees paid for.”

He concludes “we highly recommend those gyms using any kind of workout programs which copy Radical Fitness’ intellectual property to receive legal advice before including them in their fitness class timetables and offering them to their members.

"They should also be informed as to whether the appropriate fees are paid for the music used in these copies.

"Otherwise, any gym using illegal music would be undoubtedly infringing intellectual property law.

“Radical Fitness will initiate any and all legal actions available, both civil and criminal actions, that may be applicable in the case of sale, assignment, distribution - whether free of charge or not - or any other form of unauthorized disposition of the copies of the programs FIGHT DO and X55.

“In the event any gym intends to use these copies, the company’s Legal Department will act accordingly to protect the company from the unfair competition generated.”

For more information contact:

Radical Fitness Australia on 02 9713 6822, E: rfaustralia@radicalfitness.net, www.radicalfitness.net/australia/

Radical Fitness New Zealand on 021 474 587, E: rfnz@radicalfitness.net, www.radicalfitness.net/newzealand/

Images shows Nathaniel and Gabriela Leivas.

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