Massage gun manufacturer Therabody, Inc. has filed a lawsuit against its competitor Hyper Ice, Inc., accusing the latter of defamation and product disparagement.
The suit alleges that Hyper Ice made false and misleading statements about Therabody's products in a press release, intending to damage Therabody's business prospects.
Specifically, the lawsuit asserts Hyper Ice wrongly claimed Therabody's massage guns were "knockoffs" and that Therabody had "misappropriated" Hyper Ice's technology. Therabody claims its massage gun products were actually released for sale to the public first, allegedly by nearly two years. They also assert Hyper Ice's product operates differently from Therabody's.
The complaint was filed in Los Angeles federal court on Feb. 23.
Therabody is asserting claims for product disparagement and trade libel under the Lanham Act, false advertising under California law, common law defamation, trade libel, tortious interference with existing and prospective economic advantage, and unfair competition under California law.
Therabody is seeking unspecified damages, including punitive damages and attorney fees.
Therabody is represented by attorneys Brett J. Williamson and Cameron W. Westin, from O’Melveny & Myers LLP, of Newport Beach.