Saying its Marks are Famous, Under Armour Sues to Protect Them
In separate complaints filed in the U.S. district court for the District of Maryland in March 2011, Baltimore, Maryland-based Under Armour, maker of athletic equipment and apparel, with more than a billion dollars in net revenues in 2010, contends its famous trademarks are being infringed. According to its...
complaints, Under Armour owns more than eighty federal trademarks and registration applications, most being formative marks having the word "Armour," with or without the UA logo, or UA logo marks with stylized characters. Under Armour contends that its marks are famous and many are incontestable as to Under Armour's exclusive use. Under Armour has also registered certain marks with Maryland's Secretary of State.
In its first complaint, against Canadian defendants Armorline Marketing International, Armorsales, Inc., 54Blue, and Paul Abell, Under Armour alleges Defendants' use of ARMOR marks, logos, and domain names (e.g., armoruniverse.com) is likely to cause confusion, mistake, or deceive in violation of the Lanham Act, and infringes and dilutes Under Armour's marks. Under Armour also alleges that Defendants' use of their domain name constitutes cybersquatting under the Lanham Act. Under Armour's state-law claims include trademark infringement under Md. Code Bus. Reg. Sec. 1-414 et seq., fraudulent use or imitation of trade name under Md. Code Bus. Reg. Sec. 1-415 et seq., and common law trademark infringement and unfair competition.
In its second complaint, against Real Wear (U.S.A.), Inc. (allegedly doing business as Purple Armour) and Tiffani Denise Diggs Lewis, Under Armous alleges Defendants' use of its PURPLEARMOUR mark and name and purplearmour.net domain name breach a 2009 agreement, is likely to cause confusion, mistake, or deceive in violation of the Lanham Act, constitutes trademark infringement, false advertising, dilutes Under Armour's marks, constitutes cybersquatting in violation of the Lanham Act, violates Maryland Regulations Sec. 1-414 and 1-415, and Maryland trademark common law.
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