Sony Music has filed suit against Gymshark in the U.S. federal court for Central California for copyright infringement in its social media campaigns. Its complaint states that the British DTC brand of fitness apparel, which recently set up an office for the U.S., “misappropriated hundreds of the most popular and valuable sound recordings in the market” for its self-produced videos and those compiled in collaboration with social media influencers. Citing Gymshark’s reported revenues of $330 million in 2020 and a valuation of $1.4 billion made by Forbes, Sony charges that its success was driven by the “ubiquity and effectiveness of the infringing” videos on Instagram, TikTok and Facebook. Sony points out in its lawsuit that it is licensing content to companies such as Peloton, Nike and Under Armour, among others, and that Gymshark’s head of public relations, Steph O’Neill, was aware of such a licensing protocol in connection with an incomplete attempt with one song that was subsequently used without a license. Sony is seeking a preliminary and permanent injunction against Gymshark in the case, coupled with fees for damages.

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