The Hidden Dangers of Purchasing Counterfeit Pilates Equipment
As the Pilates industry in the UK continues to grow and expand beyond Pilates Matwork, so does the market for Pilates apparatus. However, this expansion has also led to an increase in fully counterfeit or equipment infringing the patents and design rights of established manufacturers. These predominantly originate from Far Eastern manufacturers.
These counterfeit products are often sold at a fraction of the cost of genuine equipment, making them tempting for Pilates instructors and studio owners. The sellers suggest that the price differential is purely because you are buying directly from the manufacturer rather than through a distributor, but this argument is convenient both to give as the illegal seller and to want to believe as the purchaser.
Despite the allure of lower prices, the use of counterfeit equipment poses significant risks to the purchaser, their business and their clients : including legal liabilities, safety hazards, and potential damage to your business's reputation.
The Counterfeit Equipment Market
Many counterfeit products advertised on platforms like Facebook are not produced by the companies promoting them. Instead, they are resold by entities claiming to be manufacturers. I have seen numerous video tours of the factory claiming to be the company selling the goods when in fact the seller is not actually this factory (which does not belong to the seller) instead the seller is a middleman online sourcing from large factories in the Far East and selling on to you. This practice suits the factory who then sit one or more steps away from being directly legally liable because in the Far East it may not be illegal to sell these products to a local person or company whereas selling them abroad is a different matter.
These products often infringe on the design and patent rights of reputable brands. For example, Balanced Body, a leading manufacturer of Pilates equipment, has been fighting against counterfeiters who illegally reproduce their patented designs and sell them globally (Pilates Hub) (Balanced Body AU/NZ).
Legal and Safety Implications
Intellectual Property Infringement:
Trademark Violations: Unauthorized use of brand names and logos on counterfeit products can lead to trademark infringement claims.
Patent Infringements: Many counterfeit products incorporate patented components such as foot bar adjustments, undercarriage pulleys, and rapid spring change technology. This means that even if a reformer does not look like a direct copy, it could still be infringing on the patents of multiple genuine manufacturers.
Balanced Body has been the most proactive manufacturer in pursuing legal actions against counterfeiters worldwide. They have successfully sued infringers in various countries, including a landmark case in China against Elina Sports, a well-known counterfeit producer (Pilates Hub) (Balanced Body AU/NZ). However other internationally respected brands are following in the footsteps of Balanced Body and starting to realise that they have to make examples of those who infringe in order to deter others from going down the same route.
Consumer Protection Laws:
Using and selling counterfeit products can mislead consumers about the quality and origin of the equipment, violating consumer protection laws and leading to potential fines and penalties.
Import Regulations:
Counterfeit equipment often does not meet the import regulations of the UK, which can result in additional legal challenges for studio owners who purchase such items (Pilates Hub) (Balanced Body AU/NZ).
Case Study: Balanced Body's Fight Against Counterfeits
In Australia where there are more than 10 times more Pilates studios than in the UK; HF Industries, the distributor of Balanced Body equipment, has been at the forefront of combating counterfeit products. Chris Skinner, Managing Director of HF Industries, explains that 90% of counterfeit purchases by individual studio owners were made after these owners had sought quotes from genuine manufacturers. This suggests that purchasers were aware that their purchase from the Far Eastern supplier was not genuine (Balanced Body AU/NZ).
Identification and Destruction:
HF Industries actively monitors the market for counterfeit products, educates customers, and takes legal action to ensure counterfeit items are identified and destroyed. This proactive approach helps protect their brand and customers from the dangers of counterfeit equipment (Balanced Body AU/NZ). The studio owners who have to have to show evidence that their apparatus has been destroyed to avoid costly legal action end up losing everything for the sake of making a bad decision in the first place.
Risks of Accidents in UK Studios
Safety Risks:
Counterfeit Pilates equipment is often manufactured with inferior materials and substandard processes, leading to a higher likelihood of failure. An equipment failure during use can result in severe injuries to clients and staff. For example, if a counterfeit Reformer breaks during a class, it could cause a client to fall and sustain significant injuries.
Apparatus from genuine manufacturers will be covered by manufacturers warranties and provided Springs are regularly changed and wear and tear parts replaced the studio owner is likely to be protected from direct liability. However, this is not the case if the kit is in some way counterfeit and getting replacement parts from the Far East is not an economic viability for the seller who is often just making a margin on the big initial sale and often changes company names and contact details to avoid any comeback from after sales problems.
Legal Liability:
In the event of an accident caused by counterfeit equipment, studio owners could face considerable legal liabilities, including:
Personal Injury Claims: Injured clients may file lawsuits for damages, resulting in costly legal battles and potential settlements.
Regulatory Fines: Non-compliance with safety standards can lead to fines from regulatory bodies.
Reputation Damage: An accident involving counterfeit equipment can severely damage a studio’s reputation, leading to a loss of clients and revenue.
Recommendations for Pilates Instructors and Studio Owners
I recommend to instructors and studio owners five steps to avoid ‘tears’ in the future
Verify Authenticity:
Always purchase Pilates equipment from reputable sources and verify authenticity by checking with official distributors and manufacturers.
Avoid Counterfeit Products:
Be cautious of deals that seem too good to be true. Counterfeit products may offer short-term savings but can lead to long-term costs and legal issues.
Seek Legal Advice:
If you suspect you have purchased counterfeit equipment, consult with a legal professional to understand your options and potential liabilities.
Invest in Quality:
While genuine equipment might be more expensive upfront, it ensures compliance with safety standards, access to support, and longevity, ultimately providing better value for money.
Consider Genuine Pre Owned Apparatus
If you cannot afford to purchase new apparatus – consider saving money by purchasing second hand apparatus. You will lose the warranty that the original purchaser gained from the manufacturer, however the manufacturer will continue to support you with parts. Before you purchase ask the seller for the serial numbers on the kit you are considering and check with the manufacturer that you are buying genuine second-hand apparatus and not being resold a counterfeit (passing on knowingly a counterfeit by sale or gifting is in itself illegal and will leave the seller liable to a claim from either the purchaser or the intellectual property owner at a later date).
Conclusion
The temptation to save money by purchasing counterfeit Pilates equipment can lead to severe legal and safety repercussions. Protect your business and clients by making informed purchasing decisions, verifying the authenticity of your equipment, and investing in high-quality, legitimate products. By doing so, you can ensure a safer, more reliable, and legally compliant Pilates practice.
Author: Chris Onslow - Pilates Consultant
Chris Onslow, has run Pilates focussed businesses since 1998. He and his team specialise in supporting Pilates entrepreneurs and business owners. With a rich history of owning and running successful Pilates studios in the UK, and supporting others in Europe and the Middle East, Chris has broad expertise in maximising profitability and optimising operational efficiency. His agency provides top-tier advice on selecting new, pre-owned, and hireable Pilates equipment from renowned brands such as Align-Pilates, Balanced Body or Stott-Pilates/Merrithew. As the founder of Mbodies Training Academy, Chris continues to revolutionise Pilates education, offering premier online and hybrid CPD and qualification courses for Pilates apparatus instruction and special population CPD. Discover more about how Chris can support your Pilates Business or home exercise choices at www.pilates-consultant.co.uk