Finnegan secures strategic damages award for Under Armour in trademark infringement litigation

Finnegan successfully represented Under Armour in a trademark infringement, unfair competition, and trademark dilution litigation against Armorina’s unauthorized use of the ARMORINA name and mark for women’s athleisure apparel and accessories.

Finnegan filed the suit on behalf of Under Armour soon after Armorina filed applications with the U.S. Patent and Trademark Office to register its marks for women's athletic wear. Under Armour acted quickly in asserting that the use of ARMORINA as a brand name is likely to cause consumer confusion and deception with Under Armour’s long-standing rights in its ARMOUR trademark, UNDER ARMOUR mark, and family of ARMOUR-formative marks (“ARMOUR Marks”). Under Armour also asserted that ARMORINA dilutes the famous UNDER ARMOUR trademark. The ARMOUR Marks have been at the core of Under Armour’s brand identity since 1996 and have been widely used and promoted, with award-winning products and high-profile celebrity endorsements from the likes of Gisele Bundchen, Misty Copeland, and Lindsey Vonn.

Because the potential damages were very low (as Under Armour acted quickly in bringing the case), this guided the decision to ask for only $1 to emphasize that Under Armour was not trying to put the defendant out of business, but just to protect its trademark rights and guard the public from deception.

After a four-day trial, a Baltimore jury ruled that Armorina’s use of the ARMORINA mark constitutes trademark infringement, unfair competition, and trademark dilution. Under Armour was successful in requesting its dollar award, showing it is not merely out for damages, but to protect its established and famous worldwide brand.