Instagram fitness war heats up in court

The institution founded by Instagram fittingness tycoon Kayla Itsines has continued its combat against a erstwhile worker successful court, arguing the rising influencer’s rival workout app could outgo it up to $1m successful mislaid revenue.

The Bikini Body Training Company, founded by Ms Itsines, is trying to artifact Queensland crossfit guru and Instagram prima Cass Olholm from launching her caller fittingness app, Train With Cass, acceptable to spell connected merchantability connected the Apple App Store from Thursday.

The company, represented successful the South Australian Supreme Court by Nicholas Swan, connected Tuesday said Ms Olholm, who worked arsenic a contractor for Ms Itsines earlier leaving successful February this year, had breached restraint of commercialized by preparing her caller business.

Bikini Body wants Ms Olholm to obey a 12-month restraint of commercialized clause, which would prohibit her from competing with the institution until February 2024.

Ms Olholm, represented by Thomas McFarlane, argues the restraint play expired aft six months and her caller concern tin proceed.

At a proceeding past week, Judge Dart recommended the 2 parties prosecute mediation to debar spending “very ample sums of money” connected lawyers, but the 2 influencers failed to scope a colony and returned again connected Tuesday to conflict it retired astatine the court, with perchance millions of dollars hanging successful the balance.

Mr Swan argued Ms Olholm had perchance pulled customized from the Sweat app, speechmaking retired a fig of comments near connected her Instagram celebrating the projected motorboat of her caller venture.

“‘The clip couldn’t beryllium much cleanable for me, my Sweat subscription ends successful October, truthful excited for your app’,” Mr Swan said speechmaking retired 1 reader’s post.

He besides argued Ms Olholm’s “attractive force”, oregon the goodwill she possessed and which Bikini Body had paid her for, should not beryllium utilized to physique up a rival concern wrong of the 12-month restraint clause.

“The main question successful this case, arsenic we spot it, is whether until February adjacent twelvemonth is simply a tenable time,” helium said.

“That is the halfway point. In our respectful submission, 12 months, successful the discourse of the past of this matter, successful the discourse of the quality of the business, successful the discourse of what is involved, is eminently reasonable.”

Mr Macfarlane said it was unreasonable for the institution to effort and restrain Ms Olholm’s goodwill, thing helium said she had built up herself implicit respective years, including years erstwhile she was extracurricular of the company, and thing that was extracurricular of non-compete protections.

“What is being sought to beryllium enforced against my lawsuit is simply a restraint upon my lawsuit utilizing her ain skills and experience,” helium said.

“Using those skills and acquisition successful areas successful fittingness and training, she has got qualifications for that, successful contention with the applicant’s product.”

He said determination was nary allegation Ms Olholm had accessed confidential institution information, including lawsuit lists, oregon that she had utilized confidential accusation to make her ain business.

The tribunal heard Bikini Body feared Ms Olholm’s determination into the app marketplace could origin them losses of up to $1m from subscribers moving from Sweat implicit to Train With Cass.

Mr Macfarlane disputed the fig and said immoderate identifiable nonaccomplishment to Bikini Body would beryllium “minimal” and “nowhere adjacent the fig of $1m”.

Ms Itsines sold Sweat to US institution IFit successful 2021 for a reported $400m.

The tribunal heard Bikini Body boasts yearly revenues of astir $65m.

The 2 influencers were adjacent collaborators successful the fittingness space, with Ms Olholm regularly appearing successful Ms Itsines’ Facebook videos aft she joined the institution successful 2020.

The Train With Cass program, if it goes up adjacent week, volition beryllium billed astatine $21.99 a period oregon $139.99 a year.

The tribunal heard Ms Olholm had spent immoderate $580,000 preparing the caller business.

Mr Swan wants the tribunal to bid an injunction blocking Ms Olholm from launching her caller concern until the contract’s 12 period restraint of commercialized clause expires.

Mr Macfarlane wants the tribunal to disregard Bikini Body’s application.

Judge Jack Costello said helium would present his ruling connected Thursday astatine 2.15pm.