Gymshark is a fitness apparel and accessories manufacturer and retailer that is headquartered in England. Gymshark's products are sold directly to consumers in 180 countries via websites, with over half of its revenues coming from the United States.
Gymshark largely markets its products through social media and influencers and has over 5.1 million followers on Instagram. Sony's suit claims that Gymshark's marketing videos on social media, including those produced by influencers paid by Gymshark, contain popular sound recordings owned by Sony that Gymshark has not paid for the right to use.
Sony is seeking statutory damages of up to the maximum amount of $150,000 per infringed recording. There are 297 recordings on Sony's
list, which means that, at $150,000 each, the maximum total damages sought could exceed $44m.
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