Legal Blog

Under Armour sues Nike for Trademark Infringement

In the sports apparel industry, there are perhaps no bigger names than Under Armour and Nike, accounting for $25.9 billion in sales last year. As you can imagine, the two corporate giants are no stranger to competition. Aside from competing in the ultra-competitive sports apparel industry, the two companies have previously done battle in the courtroom, as well. 10 years ago, Nike sued Under Armour for allegedly copying its moisture-wicking Dri-Fit clothing line. The case was later dismissed. Well, 10 years later, Under Armour returned the favor, suing Nike for Trademark Infringement over its recent advertising campaign. The Baltimore-based company claims Nike knowingly used the words “I will” in a similar context as Under Armour to sell a similar product. “I Will” is a registered Under Armour trademark. The company hasused it since 1998 and registered it as a trademark in 2000. The suit claims Nike’s use of the phrases dilutes its effectiveness, produces customer confusion, and constitutes unfair competition. “I would imagine Nike is going to say that there are enough distinguishing elements to separate their use of ‘I will,’ but it looks like Under Armour has some bona fide arguments,” said Jonathan R. Wachs, a principal at Offit Kurman. “These are two direct competitors using a similar mark in a similar space.” Which company do you agree with? Trademark InfringementIf you have any questions about Trademark Infringement or Business Litigation, please contact Jonathan R. Wachs, the head of Offit Kurman’s Intellectual Property Practice Group, at jwachs@offitkurman.com or 301.575.0302. Mr. Wachs provides strategic counseling and operational advice to clients in the areas of intellectual property, commercial transactions and outsourced legal departments. Offit Kurman Attorneys at Law: Business Litigation Practice Group At Offit Kurman Attorneys at Law, the lawyers in our Business Litigation Practice Group understand that commercial litigation can be a time-and-energy-consuming part of operating a business. Let us help safeguard and protect your interests. Our business litigation attorneys are well versed in helping you limit risk and maximize protection. And when litigation is unavoidable, our business litigation attorneys are trial-ready. If you have any questions about Business Litigation, please fill out the contact form found on OffitKurman.com to access the sound legal guidance of our experienced business litigation team. You can also connect with Offit Kurman via Facebook, Twitter, Google+, YouTube, and LinkedIn.