Under Armour defends its ARMOUR trademark against snowboard apparel infringement

Finnegan client Under Armor received a permanent injunction against Ass Armor LLC’s use of the mark ASS ARMOR for a snowboarding short. Seeking to enjoin such use, Under Armour raised claims for trademark infringement, trademark dilution, cybersquatting, and unfair competition. In addition to asserting rights in its UNDER ARMOUR mark, Under Armour asserted rights in the mark ARMOUR, as well as a family of other ARMOUR-formative marks. It also relied on a survey showing meaningful consumer confusion arising from the use of ASS ARMOR. Ass Armor aggressively defended the case and moved to cancel three of Under Armour’s trademark registrations for protective athletic gear. The case went to trial in the U.S. District Court for the Southern District of Florida where, after opening arguments and the start of testimony, Ass Armor approached Under Armour to settle. Ass Armor promptly agreed to (1) stop selling its product; (2) destroy the infringing inventory; (3) avoid using the mark ARMOR/ARMOUR in any way or manner, for any products; and (4) withdraw all of its claims against Under Armour’s registrations. Additionally, a consent judgment was entered and signed by the court providing that Under Armour’s UNDER ARMOUR, ARMOUR, and ARMOUR-formative marks are famous, and that defendant’s use of ASS ARMOR is infringing.