Under Armour Shields Trademark from ‘OuterArmour’ Threat at TTAB

Finnegan client Under Armour successfully blocked the registration of the mark ‘OuterArmour’ after proving the strength of its trademark to the Trademark Trial and Appeal Board (TTAB). Applicant Dwight Jacobsen wanted to register ‘OuterArmour’ for hats and T-shirts, however, Under Armour opposed based on the likelihood of confusion, and dilution of its ‘Armour’ mark and family of ‘Armour’-formative marks.

The TTAB agreed, citing that consumers may believe that ‘OuterArmour’ was a part of the sportswear giant umbrella of marks.

Finnegan partner Chip Rettew told World Intellectual Property Review that the case was interesting because the board based its ruling “just on the composite ‘Under Armour’ mark, without needing to address Under Armour’s asserted ‘Armour’ mark and/or family of ‘Armour’-formative marks.”

He added, “This case will be useful in demonstrating the strength of the ‘Under Armour’ mark in future enforcement proceedings and preventing the registration of other ‘Armour’-formative marks, especially for those used in connection with clothing products like those offered by Under Armour.”

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