Health firm sues Victoria’s Secret, alleging trademark infringement

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

The trademark in query is on on IFIT’s “SWEAT” marks, which the health firm alleges Victoria’s Secret is utilizing on train clothes and in promoting materials.

IFIT desires the courtroom to subject injunctive reduction enjoining Victoria’s Secret from utilizing the mark, and additional desires the lingerie firm to pay damages for the alleged infringement.  

The lawsuit was first reported by Bloomberg Information.

IFIT says it has used the SWEAT marks since at the least 2017 on quite a lot of merchandise, together with attire. The mark can also be the title of an app that enables subscribers to stream exercises.

Victoria’s Secret allegedly used the marks to promote and promote its health clothes and in reference to exercise-related lessons, IFIT says.

The lawsuit factors to a Fb Put up from July 27, by which Victoria’s Secret markets its “Sweat On Level” assortment of sports activities attire. Not solely did the put up use the SWEAT mark, however IFIT says Victoria’s Secret “purposefully” used a mannequin that regarded like Kayla Itsines, who’s the founding father of the SWEAT app.  

“Defendant’s use of this Ms. Itsines look-alike is prone to additional encourage the probability of confusion attributable to Defendant’s use of the Defendant’s SWEAT Marks, and on data and perception demonstrates Defendant’s intent to commerce on the popularity of Plaintiff’s model,” the grievance states.

IFIT additionally says the lingerie firm has used the mark to promote health occasions which can be just like the lessons that IFIT presents.

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