12 November 2021TrademarksAlex Baldwin

Fitness firm sues Victoria’s Secret over 'Sweat' TM

Health and fitness company IFIT has sued Victoria’s Secret Stores for allegedly infringing its “SWEAT” trademarks.

IFIT claims that Victoria’s Secret is marketing its new fitness apparel collection using its “SWEAT” marks across social media and its own website, according to the complaint filed with the US District Court for the Central District of Utah on Wednesday, November 10.

Sweat was a standalone women’s health and fitness app and brand that was fully acquired by IFIT in July this year.

The complaint highlights the use of the phrases “Sweat” and “Sweat on Point” in promotion materials for the Victoria’s Secret fitness collection and argues that this is likely to cause confusion with IFIT’s own “SWEAT” marks.

The complaint highlights a recent Facebook post that prominently features the phrase “SWEAT ON POINT” in relation to Victoria’s Secret new range of exercise apparel.

Victoria’s Secret has also hosted, sponsored, and/or presently provides fitness training events under the mark “SWEAT”. These events are similar to the fitness classes and exercise subscription IFIT offers, according to the complaint.

Finally, IFIT claims that Victoria’s Secret has “purposefully” hired a “look-alike” model for the “Sweat on Point” advertising that resembles Sweat’s founder Kayla Itsines, which is likely to ”further encourage” confusion.

Victoria’s Secret has filed a US trademark application for the mark “SWEAT ON POINT” under international class 025, which covers several types of clothing, including Athletic tops and shorts.

The complaint accuses Victoria’s Secret of Trademark infringement, unfair competition, and passing off, with IFIT seeking injunctive relief to prohibit Victoria’s Secret from using a mark, word name, or domain name similar to its “SWEAT” mark.

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