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Victoria's Secret is being sued by the owner of Kayla Itsines' Sweat app

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Victoria’s Secret is being sued by the owner of Kayla Itsines’ popular workout app Sweat for allegedly copying its trademark


Health and fitness company iFit is suing Victoria’s Secret in the United States, alleging the lingerie giant is infringing on its trademark.

According to Bloomberg, iFIT Inc. claims the underwear brand is using its ‘SWEAT marks’ on or in connection with exercise clothing and advertising material.

iFIT, which bought the Sweat app from Australian entrepreneurs Kayla Itsines and Tobi Pearce for $400million earlier this year, wants the court to issue injunctive relief prohibiting Victoria’s Secret from using the mark.

Health and fitness company iFit is suing Victoria's Secret, alleging the lingerie giant is infringing on its trademark, reports Bloomberg. iFIT Inc, which bought the Sweat app from Australian entrepreneurs Kayla Itsines (pictured) and Tobi Pearce for $400million earlier this year, wants the court to issue injunctive relief prohibiting Victoria’s Secret from using the mark

Health and fitness company iFit is suing Victoria’s Secret, alleging the lingerie giant is infringing on its trademark, reports Bloomberg. iFIT Inc, which bought the Sweat app from Australian entrepreneurs Kayla Itsines (pictured) and Tobi Pearce for $400million earlier this year, wants the court to issue injunctive relief prohibiting Victoria’s Secret from using the mark

iFIT also wants Victoria’s Secret to pay damages for said alleged infringement.

The company filed a complaint on November 10 in the U.S. District Court for the District of Utah’s Central Division.

iFIT claims it has used the SWEAT marks since at least four years ago in 2017 on a number of products, including apparel, and it is also the name of an app that allows subscribers to stream workouts.

The lawsuit points to a Facebook post from July 27 in which Victoria’s Secret advertised its ‘Sweat On Point’ collection of apparel.

iFIT Inc. claims the underwear brand is using its 'SWEAT marks' on or in connection with exercise clothing and advertising material. Pictured: the Victoria's Secret logo

iFIT Inc. claims the underwear brand is using its ‘SWEAT marks’ on or in connection with exercise clothing and advertising material. Pictured: the Victoria’s Secret logo

iFIT claims that not only did the post use the SWEAT mark, but that Victoria’s Secret ‘purposefully’ used a model who resembled Ms Itsines.

‘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,’ the complaint states.

iFIT is asking the court to stop Victoria’s Secret from using the trademark, and also wants them to destroy all products displaying the trademark.

In addition, iFIT is seeking damages no less than three times what VS made in profits.

iFIT claims that not only did the Facebook post from July 27 use the SWEAT mark, but Victoria's Secret 'purposefully' used a model who resembled Kayla Itsines. Pictured: Kayla Itsines

iFIT claims that not only did the Facebook post from July 27 use the SWEAT mark, but Victoria’s Secret ‘purposefully’ used a model who resembled Kayla Itsines. Pictured: Kayla Itsines 

Daily Mail Australia has contacted Victoria’s Secret and iFIT for comment.

Ms Itsines, 30, and her business partner Mr Pearce – who is also her ex-fiancé – sold their Sweat health and fitness company to iFit for $400million back in July.

It came just six years after the then-couple established the popular app which has since been downloaded more than 30 million times.

In 2020, the Sweat app generated a staggering $99.5million in revenue, with the U.S. market responsible for $53.7million.

Despite the sale, the young millionaires continue to lead the brand from Adelaide, where the business retains its headquarters.

Ms Itsines (right) and her business partner Tobi Pearce (left) - who is also her ex-fiancé - sold their Sweat health and fitness company to iFit for $400million back in July

Ms Itsines (right) and her business partner Tobi Pearce (left) – who is also her ex-fiancé – sold their Sweat health and fitness company to iFit for $400million back in July

Ms Itsines reflected on Sweat’s humble beginnings following the sale to iFit.

‘I remember running one-on-one sessions in my parents’ backyard and them growing into bigger group sessions in the local park here in Adelaide,’ she said.

‘Those sessions kept growing and growing and slowly we built up a community and then in 2015, we launched the Sweat app.

‘I’m so excited to start the next chapter in Sweat’s journey. As of today Sweat will be joining the iFit family of brands.’

Ms Itsines confirmed her split from Mr Pearce, who is the father of her two-year-old daughter, Arna Leia, in August last year.

Despite the sale, the young millionaires continue to lead the brand from Adelaide, where the business retains its headquarters

Despite the sale, the young millionaires continue to lead the brand from Adelaide, where the business retains its headquarters

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