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19 July 2018Trademarks

Under Armour wants TM respect in latest complaint

Sportswear brand Under Armour accused a Florida-based clothing company of trademark infringement and dilution yesterday in a complaint filed at a US court.

According to the lawsuit, which was filed at the US District Court for the District of Maryland, Baltimore Division, Under Armour started using ‘Protect This House’ as a tagline in its advertising materials in 2003.

It also used it on the company’s clothing and packaging, saying the tagline has become “a succinct symbol” of its brand.

Under Armour claimed that the tagline is distinctive and so strong that it has become a “focal point” of the brand’s advertising and a “centrepiece of its brand identity”.

The defendant, iFindMedia, sells clothing and accessories through the website www.respectthishouse.com. iFindMedia registered its domain name in May last year and uses the ‘Respect This House’ tagline in promotional materials on social media.

In its claim, Under Armour alleged that iFindMedia is wilfully violating the brand’s trademark rights through the sale of athletic clothing under the tagline ‘Respect This House’.

Under Armour has numerous trademark registrations for its own tagline, including the US word mark ‘Protect This House’, which was registered in 2008 to cover clothing and retail store services.

Consumers are likely to confuse iFindMedia's products with Under Armour's, the complaint said.

iFindMedia filed a trademark application for ‘Respect This House’ last year, covering athletic clothing and accessories, but the US Patent and Trademark Office refused the registration because it is confusingly similar to Under Armour’s marks.

But iFindMedia is still using the ‘Respect This House’ mark, the complaint alleged, adding that Under Armour has contacted the company several times to demand it ceases using the mark.

Under Armour has asked the court for a permanent injunction to prevent iFindMedia from using the tagline.

The sportswear brand also wants destruction of the goods and packaging featuring the tagline and has requested that the domain name be transferred. Finally, Under Armour is seeking triple damages, an account of iFindMedia’s profits resulting from the infringement, and legal costs.

Under Armour is no stranger to IP disputes. Earlier this year, the sportswear brand successfully opposed two trademarks featuring the words ‘The Armour’ at the UK Intellectual Property Office.

And in October last year, Under Armour settled a trade dress and design patent infringement dispute with activewear brand Lululemon, which had accused Under Armour of using its sports bra design without permission.

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