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British powerlifter and fitness influencer says sportswear brand Gymshark is taking a “tactically aggressive approach” as he seeks to temporarily block him from taking a new job. insisted.
Gymshark, which has become increasingly popular among Millennial and Gen Z gym-goers through its use of online marketing and influencers, effectively hired Nathaniel Massiah, 22, to promote another clothing brand. An application was made to the High Court in London for an injunction to stop it. According to legal documents obtained by the Financial Times.
Another law states that Massiah, who became a brand influencer for Gymsharks at the age of 17, promoted Gymsharks on social media until the end of November last year, when his six-month contract expired, and that over the years he had been involved in “a series of short-term contracts. ” was tied. Document obtained by the Financial Times.
Gymshark’s lawyers say Gymshark’s move comes after Massiah began promoting a competing brand, YoungLA, in December.
They claim this is in violation of several clauses in his contract, including one that states that for three months after the end of the contract, he will not be allowed to use any competing brand without Gymshark’s prior written consent. It also contained a clause prohibiting support for “.
Before going to court, Gymshark sent a letter to Mr. Massiah asking him to stop promoting Young L.A. and delete all related social media posts, according to his lawyer, but Mr. Massiah “received no response.” “Ta”.
Massiah’s attorneys said they have just three business days to appoint an attorney and prepare for a hearing scheduled for Dec. 30 and Jan. 15.
They claim Massiah was one of Gymshark’s many influencers, “each of whom had short-term contracts.” . . It was not the product of negotiations between parties with equal bargaining power,” he said, referring to Gymshark’s size and resources.
The British company started life in a garage in 2012, when chief executive and co-founder Ben Francis, then 19, began designing gym clothes to fill a gap in the market. The company has grown into a global brand with annual revenues of more than £500m and counts US private equity firm General Atlantic among its investors.
Massiah’s lawyer said in a statement that other athletes “who appear to be young and of reasonable financial means” could be subject to similar contractual obligations to Gymshark and could lose their income if they were restricted. He added that there is a possibility that they will not be able to obtain it.
Further, “His main income came from his contract with Gymshark. When the company decided they no longer wanted to use his services, he either looked for another company that wanted to use his services or I had to eliminate my main source of income.”
Gymshark told the FT: Initially, the contract was clear and it was possible to negotiate post-termination terms, but this was not the case. We regret that this has happened, but the terms of the contract were violated by Mr. Massiah, and we were left with no choice but to enforce the terms of the contract. ”