9 October 2019TrademarksSarah Morgan

Under Armour accuses sportswear brand of copying logo

Hotsuit, a sportswear company focused on weight loss and sauna suits, has copied Under Armour’s logo, according to a lawsuit filed yesterday, October 8.

Athletics company Under Armour accused Hotsuit of selling apparel under a “copycat” mark, in a claim filed at the US District Court for the District of Maryland.

According to the suit, Hotsuit’s use of the mark has already caused confusion and given it an “unfair boost in the marketplace at the expense” of both Under Armour and consumers.

Under Armour began using its logo and trademark for apparel in 1996. Now, the brand sells a full line of athletic clothing, footwear, and headwear. Last year, Under Armour sold more than $5 billion worth of products.

However, Hotsuit is allegedly using a copycat mark to sell apparel, footwear and accessories through its online store and promote its brand through social media.

“Under Armour has already heard from one person who confused defendant’s logo for Under Armour’s when he saw it on, where defendant also promotes and sells its products,” said the claim.

Hotsuit filed three applications to register its logo as a trademark in April 2017, covering goods such as backpacks, clothing and exercise equipment for the performance of weight resistance exercises.

Under Armour alleged that the alleged specimens of use filed by Hotsuit in the applications were digitally created or altered, and the trademark wasn’t in commercial use for some of the goods identified in the applications.

The US Patent and Trademark Office (USPTO) issued office actions for the applications in July 2017,  refusing registration because the specimens submitted with the application were digitally altered.

Subsequently, in December, Hotsuit submitted additional specimens of use and the office approved the applications for publication.

“Defendant knew that the USPTO would rely on its digitally altered specimens and false statements and knowingly made those statements with the intent to procure registrations to which defendant was not entitled,” said Under Armour.

Under Armour then filed an opposition against the trademark applications in February 2018. The proceeding is ongoing.

Now, Under Armour is seeking a permanent injunction against Hotsuit, an order for destruction of the allegedly infringing goods, and an order directing the director of the USPTO to refuse the applications.

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19 July 2018   Sportswear brand Under Armour accused a Florida-based clothing company of trademark infringement and dilution yesterday in a complaint filed at a US court.