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Press Release

Finnegan Secures a Jury Win for Under Armour in Trademark Suit

January 24, 2023

FOR IMMEDIATE RELEASE
January 24, 2023

WASHINGTON, DC—Finnegan is pleased to report that it obtained a trial victory for Under Armour in a litigation brought against Armorina, Inc. over its unauthorized use of its ARMORINA name and mark for women’s athleisure apparel and accessories. After a four-day trial in the District of Maryland, a Baltimore jury ruled that Under Armour’s UNDER ARMOUR mark is famous and Armorina’s use of the ARMORINA mark constitutes trademark infringement, unfair competition, and trademark dilution.

In the suit, Under Armour asserted that the use of ARMORINA is likely to cause consumer confusion and deception with Under Armour’s long-standing rights in its ARMOUR mark, UNDER ARMOUR mark, and family of ARMOUR-formative marks. Under Armour also claimed that ARMORINA dilutes the famous UNDER ARMOUR trademark. The jury agreed and found in favor of Under Armour on all counts.

Finnegan has represented Under Armour for years, including in district court litigations and Trademark Trial and Appeal Board (TTAB) oppositions and cancellations. In another case that went to trial, the U.S. District Court for the Southern District of Florida issued an order finding that the use of ASS ARMOR for padded snowboard and ski shorts violates Under Armour’s rights (Ass Armor, LLC et. al. v. Under Armour, Inc., 1:15-cv-20853, S.D. Fla.)

The asserted ARMOUR marks have been at the core of Under Armour’s brand identity for decades and have been widely used and promoted, including in connection with such award-winning products as the ARMOUR BRA and high-profile celebrity endorsements including Gisele Bündchen, Misty Copeland, and Lindsey Vonn.

Doug “Chip” Rettew, Patrick Rodgers, Laura Masurovsky, and Rosie Norwood-Kelly represented Under Armour.

The case is Under Armour, Inc. v. Armorina, Inc., 1:19-cv-02417, D. Md.

 

Contacts

Erika Arner, Managing Partner
erika.arner@finnegan.com

Anand K. Sharma, Chair
anand.sharma@finnegan.com


About Finnegan
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Munich, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, and copyright law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to advertising, trade secret law, European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com and follow us on LinkedIn.

Tags

trademark dilution

Related Practices

Global IP Enforcement, Litigation, and Trials

Trademark Litigation and Trials

Trademark and Brand Management

Related Industries

Hospitality, Gaming, and Leisure

Sports, Fitness, and Outdoor Recreation

Related Offices

Washington, DC

Related Professionals

Douglas A. Rettew
Partner
Washington, DC
+1 202 408 4161
Email
Patrick J. Rodgers
Associate
Washington, DC
+1 202 408 4374
Email
Laura P. Masurovsky
Partner
Washington, DC
+1 202 408 4043
Email

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