The wellness tech industry is witnessing a heated legal dispute between two rival brands, Therabody and Hyperice, over their percussion massage devices.
Therabody Claims Hyperice Made Defamatory Statements
Therabody, the maker of the popular Theragun line of products, has filed a lawsuit against Hyperice, alleging that the latter made false and malicious statements about Therabody to harm its reputation and business. Therabody filed the suit in the U.S. District Court for the Central District of California on Friday, February 23, 2024.
According to Therabody, Hyperice made defamatory remarks to an athletics store that carries Therabody products, as well as at a trade show. Therabody also accused Hyperice of false advertising and unfair competition in violation of the California Business and Professions Code, in addition to the common law claims of defamation and trade libel.
Therabody’s lawsuit is not one of intellectual property but of defamation, injury to reputation, trade libel, which is the publication of a false statement of fact that results in monetary damages, and other related claims.
Hyperice declined to comment on the newly filed defamation lawsuit.
Hyperice Sued Therabody for Patent Infringement Earlier This Year
Therabody’s defamation suit comes after Hyperice filed lawsuits for patent infringement against Therabody and several other brands earlier this year. Hyperice asserted its recently-issued U.S. Patent No. 11,857,482, which claims technology dating back to 2013 that is used in products like the Hypervolt 2 and Hypervolt Go 2 massage guns.
Hyperice contends that numerous Therabody products infringe upon the patent, including Theragun Elite, Theragun PRO, Theragun Prime, Theragun Mini, Theragun Sense, and TheraFace PRO.
Hyperice made national headlines in 2018, launching the Hypervolt, the world’s first “modern-day” massage gun, featuring a brushless motor system, variable speed settings, and QuietGlide® technology. The success and rapid scale of the Hypervolt led to an influx of massage gun brands entering the market to replicate this technology, including Therabody.
Therabody Has a History of Patent Litigation with Hyperice and Others
This is not the first time that Therabody and Hyperice have been involved in patent disputes. In 2019 and early 2020, Therabody filed patent infringement lawsuits against Hyperice and Achedaway, which resulted in Achedaway agreeing to a cease-and-desist and Hyperice agreeing to stop selling one of its massage devices.
Therabody claims to have over 600 global patents and to be the leader in wellness technology. Therabody was founded by Dr. Jason Wersland in 2008, who invented the Theragun after suffering a motorcycle accident. Therabody’s products are used by athletes, celebrities, and health professionals around the world.
The Massage Gun Market is Booming and Competitive
The massage gun market is valued at $542.6 million and will likely reach over $1 billion in the coming years. The growth is driven by the advancement of technology, consumers’ understanding of the benefits, and the prioritization of overall wellness and self-care.
The market is also highly competitive, with many brands offering similar products at different price points and features. Some of the other players in the industry include TimTam, Lifepro, Opove, and Medcursor.
The legal battle between Therabody and Hyperice is expected to have a significant impact on the wellness tech industry, as both companies seek to protect their market share and innovation.
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