Preliminary injunction motion denied in favor of Finnegan client Under Armour

Two months after Finnegan client Under Armour launched its new connected fitness product under the HEALTHBOX/UA HEALTHBOX mark and name, Healthbox Global Partners, LLC (HGP), a consulting firm for healthcare organizations and startups operating under the HEALTHBOX mark and name, filed claims against Under Armour for trademark infringement, unfair competition, Delaware dilution, and Delaware deceptive trade practices. HGP also filed a motion for preliminary injunction, asking the court to immediately order Under Armour to stop using HEALTHBOX/UA HEALTHBOX and to recall all products from store shelves. Under Armour submitted rebuttal arguments and factual declarations, as well as expert testimony on Under Armour’s damages if forced to rebrand. After oral argument, the court ruled in favor of Under Armour on all key points. HGP dropped the suit against Under Armour shortly thereafter.