Tough Mudder hits The Mini Mudder with US complaint
A US company that organises the Tough Mudder extreme obstacle courses has sued a Pennsylvania man’s company, claiming his version for children infringes its trademarks and trade dress.
New York-based Tough Mudder, which organises courses around the world, has claimed the name of Barry Dobil’s challenge, The Mini Mudder, is too similar to its own.
In a lawsuit filed at the US District Court for the Eastern District of Pennsylvania, Tough Mudder claimed that The Mini Mudder has infringed its trademarks and trade dress through the use of the word ‘Mudder’ and “other parts of its identity”, including the colour orange.
In 2009, Tough Mudder began holding races in which participants run through muddy obstacle courses. It has since grown to include events in the US, Canada, UK, Germany and Australia.
The Mini Mudder, organised by Dobil, hosts events on a piece of land in Orefield, Pennsylvania. It was formed in 2012 and describes itself as “all about kids working hard, never giving up and having fun”.
On its website, The Mini Mudder said adults were “having all the fun” as “mud-themed races and military style obstacle courses became all the rage”.
“There was one problem: these mud run obstacle races were only open to adults. Kids were left behind and since no one else was doing it, we created one ourselves. And so The Mini Mudder was born,” it added.
But in its complaint, filed on February 17, Tough Mudder said it owns a “significant number” of US trademarks including ‘Tough Mudder’ and a “family of other marks” that use the word ‘Mudder’, including ‘Mudderella’, ‘Mudder Legion’ and ‘World’s Toughest Mudder’.
The company said it also has “federal, state and common law rights” protecting the use of the colour orange in connection with goods and services that include obstacle course challenges and related events and merchandise.
According to Tough Mudder’s complaint: “Defendants offer their obstacle course events under the mark ‘Mini Mudder’ and copy the look and feel of Tough Mudder’s events by using the same orange colour, the font of Tough Mudder’s trademarked logos, the orange headbands, the structure of the event, the pledge, the post-event celebrations, and course map.”
The company added that The Mini Mudder has “even been so bold” to call its events ‘The Tough Mudder for Kids’.
As well as a judgment confirming infringement, Tough Mudder is seeking treble damages and the suspension of The Mini Mudder’s website.
Neither Tough Mudder nor The Mini Mudder responded to a request to comment.
