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 concern 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 not less than 2017 on quite a lot of merchandise, together with attire. The mark can also be the identify 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 courses, IFIT says.

The lawsuit factors to a Fb Put up from July 27, wherein 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 seemed like Kayla Itsines, who’s the founding father of the SWEAT app.  

“Defendant’s use of this Ms. Itsines look-alike is more likely to additional encourage the chance of confusion attributable to Defendant’s use of the Defendant’s SWEAT Marks, and on info 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 are much like the courses that IFIT affords.

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