Ironman battles Ironman for Kids in TM claim

World Triathlon Corporation (WTC), the company that organises athletics events under the brand name Ironman, has sued Texas-based  Ironman for Kids.

The trademark infringement lawsuit was filed (pdf) at the US District Court for the Middle District of Florida, Tampa Division on Friday, January 27.

Ironman for Kids, which is owned by Michael Hennessey, provides charitable services in support of children with chromosomal disorders, according to the claim.

However, WTC owns the Ironman Foundation, a business that provides grants and other support for charitable causes in connection with the Ironman trademarks.

WTC owns the trademarks ‘Ironman’, ‘Ironman Foundation’ and ‘Ironkids’, which have been used since 1978, 1985 and 2006, respectively.

“Through widespread and favourable public acceptance and recognition, the marks are assets of substantial value to WTC as symbols of its quality services, quality goods, and related goodwill,” said the claim.

According to WTC, Hennessey’s website includes posts and information regarding sporting events that are not operated by WTC or its affiliates or licensees.

The website also features a video called “Ironman for Kids Foundation/Michael Hennessey”, which includes multiple displays of WTC’s trademarks.

WTC claimed that the use of Ironman in the name of company, the domain name and the video is “intended to evoke or refer to” WTC’s branded races.

It also claimed that it has received written complaints alleging that Ironman for Kids has not used donations for proper purposes and that this has tarnished the reputation of WTC.

WTC has asked the court for injunctive relief, destruction of the defendant’s promotional materials bearing the ‘Ironman’ mark, an account of donations and profits, triple damages, the transfer of the domain and a jury trial.

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