iFit, a health and fitness company, has filed a lawsuit against Victoria’s Secret Stores Brand Management LLC on 10th November in Utah federal court. iFit has alleged that Victoria’s secret has copied its trademark.
IFIT Inc. mentioned in the lawsuit that Victoria’s Secret is using iFIT’s “SWEAT marks” that is related to its exercise apparel and related services in a complaint filed in the U.S. District Court. The lawsuit pointed to social media post by Victoria secret on Facebook on 27th July 2021.
iFIT, the owner of Kayla Itsines’ workout app Sweat sues Victoria’s Secret
iFIT said that the underwear brand, Victoria’s Secret has used its trademark while introducing products displayed on its website, social media accounts, and other marketing channels. There is no official reply from Victoria’s Secret at the time of writing this article.
iFIT further elaborated that for the past 4 years company is using the SWEAT trademark on a variety of its products and services, including apparel and a fitness app.
The plaintiff has accused the company of copying its trademark as well as “purposefully” choosing a prototype of the SWEAT app in its advertisements.
The complaint states, “Defendant’s use of this Ms Itsines lookalike is likely to further encourage the likelihood of confusion caused by Defendant’s use of the Defendant’s SWEAT Marks, and on information and belief demonstrates Defendant’s intent to trade on the reputation of Plaintiff’s brand”.
iFIT has requested the court to stop Victoria’s Secret from using the trademark and it is also seeking damages from the company for alleged infringement. It further added that all the products displaying the trademark were to be extinguished.
iFIT is expecting damages from Victoria’s Secret in an amount that is equivalent to three times the profit made by the company “due to the wanton, egregious, willful, deliberate, intentional, and/or malicious nature of its actions.” Foley & Lardner is representing iFIT in this case.
Earlier this year, iFIT has purchased the Sweat app from Australian entrepreneurs Kayla Itsines and Tobi Pearce for an amount of $400 million. Ms Itsines and her business partner cum ex-fiance Mr Pearce have sold their company “Sweat health and fitness” to iFIT in July this year.
The sweat app registered sales of a whopping $99.5 million in 2020 with more than 50% of revenue from the U.S. market that contributed $53.7 million to sales.
Even though the young millionaires sold the company to iFIT they still continue to lead the brand from their headquarters in Adelaide, Australia.
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