Ultimate resolution on Bikini Physique court battle with Cass Olholm set for Thursday

October 10, 2023by Naomi Cramer

The corporate based by Instagram health tycoon Kayla Itsines has continued its combat in opposition to a former worker in court, arguing the rising influencer’s rival train app may price it as much as $1m in misplaced income.

The Bikini Physique Coaching Firm, based by Ms Itsines, is attempting to dam Queensland crossfit guru and Instagram star Cass Olholm from launching her new health app, Practice With Cass, set to go on sale on the Apple App Retailer from Thursday.

The corporate, represented within the South Australian Supreme Court by Nicholas Swan, on Tuesday mentioned Ms Olholm, who labored as a contractor for Ms Itsines earlier than leaving in February this 12 months, had breached restraint of commerce by getting ready her new enterprise.

Bikini Physique needs Ms Olholm to obey a 12-month restraint of commerce clause, which might prohibit her from competing with the corporate till February 2024.

Ms Olholm, represented by Thomas McFarlane, argues the restraint interval expired after six months and her new enterprise can proceed.

At a listening to final week, Choose Dart beneficial the 2 events pursue mediation to keep away from spending “very massive sums of cash” on lawyers, however the two influencers failed to succeed in a settlement and returned once more on Tuesday to battle it out on the court, with doubtlessly tens of millions of {dollars} hanging within the steadiness.

Mr Swan argued Ms Olholm had doubtlessly pulled customized from the Sweat app, studying out plenty of feedback left on her Instagram celebrating the proposed launch of her new enterprise.

“‘The time couldn’t be extra good for me, my Sweat subscription ends in October, so excited on your app’,” Mr Swan mentioned studying out one reader’s submit.

Kayla Itsines on set with Physique+Soul.

He additionally argued Ms Olholm’s “enticing power”, or the goodwill she possessed and which Bikini Physique had paid her for, shouldn’t be used to construct up a rival enterprise inside the 12-month restraint clause.

“The principle query on this case, as we see it, is whether or not till February subsequent 12 months is an affordable time,” he mentioned.

“That’s the core level. In our respectful submission, 12 months, within the context of the historical past of this matter, within the context of the character of the enterprise, within the context of what’s concerned, is eminently affordable.”

Mr Macfarlane mentioned it was unreasonable for the corporate to attempt to restrain Ms Olholm’s goodwill, one thing he mentioned she had constructed up herself over a number of years, together with years when she was exterior of the corporate, and one thing that was exterior of non-compete protections.

“What’s being sought to be enforced in opposition to my client is a restraint upon my client utilizing her personal expertise and expertise,” he mentioned.

“Utilizing these expertise and expertise in areas in health and coaching, she has obtained {qualifications} for that, in competitors with the applicant’s product.”

Fitness megastar Kayla Itsines from Sweat has millions of Instagram followers. Supplied by Sweat
Digital camera IconHealth megastar Kayla Itsines from Sweat has tens of millions of Instagram followers. Equipped by Sweat Credit score: Equipped

He mentioned there was no allegation Ms Olholm had accessed confidential firm info, together with client lists, or that she had used confidential info to develop her personal enterprise.

The court heard Bikini Physique feared Ms Olholm’s transfer into the app market may trigger them losses of as much as $1m from subscribers shifting from Sweat over to Practice With Cass.

Mr Macfarlane disputed the determine and mentioned any identifiable loss to Bikini Physique could be “minimal” and “nowhere close to the determine of $1m”.

Ms Itsines bought Sweat to NZ firm IFit in 2021 for a reported $400m.

The court heard Bikini Physique boasts annual revenues of about $65m.

The 2 influencers had been shut collaborators within the health house, with Ms Olholm often showing in Ms Itsines’ Fb movies after she joined the corporate in 2020.

Cairns nutritionist Cass Olholm is pushing to launch her new fitness app on Thursday, October 12. Supplied
Digital camera IconCairns nutritionist Cass Olholm is pushing to launch her new health app on Thursday, October 12. Equipped Credit score: Equipped

The Practice With Cass program, if it goes forward subsequent week, will likely be billed at $21.99 a month or $139.99 a 12 months.

The court heard Ms Olholm had spent some $580,000 getting ready the brand new enterprise.

Mr Swan needs the court to order an injunction blocking Ms Olholm from launching her new enterprise till the contract’s 12 month restraint of commerce clause expires.

Mr Macfarlane needs the court to dismiss Bikini Physique’s software.

Choose Jack Costello mentioned he would ship his ruling on Thursday at 2.15pm.

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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