Fitness company sues Victoria’s Secret, alleging trademark infringement

Fitness company IFIT Inc. is suing Victoria’s Secret, alleging that the lingerie company is infringing on its trademark.

The trademark in question is on on IFIT’s “SWEAT” marks, which the fitness company alleges Victoria’s Secret is using on exercise clothing and in advertising material.

IFIT wants the court to issue injunctive relief enjoining Victoria’s Secret from using the mark, and further wants the lingerie company to pay damages for the alleged infringement.  

The lawsuit was first reported by Bloomberg News.

IFIT says it has used the SWEAT marks since at least 2017 on a variety of products, including apparel. The mark is also the name of an app that allows subscribers to stream workouts.

Victoria’s Secret allegedly used the marks to sell and promote its fitness clothing and in connection with exercise-related classes, IFIT says.

The lawsuit points to a Facebook Post from July 27, in which Victoria’s Secret markets its “Sweat On Point” collection of sports apparel. Not only did the post use the SWEAT mark, but IFIT says Victoria’s Secret “purposefully” used a model that looked like Kayla Itsines, who is the founder of the SWEAT app.  

“Defendant’s use of this Ms. Itsines look-alike 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,” the complaint states.

IFIT also says the lingerie company has used the mark to advertise fitness events that are similar to the classes that IFIT offers.

The Hill has reached out to IFIT and Victoria’s Secret for comment.

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