2 November 2017Trademarks

Under Armour on the offensive, days after Lululemon settlement

Less than a week after settling its trade dress and design patent infringement case with rival Lululemon, clothing company Under Armour has asked a US court to declare it has not infringed two trademarks.

Filed (pdf) at the US District Court for the District of Maryland yesterday, November 1, the apparel company stated that “a declaratory ruling is necessary to clarify Under Armour’s rights in the phrases ‘I can do all things’ and ‘I can. I will.’”.

The dispute revolves around a line of products sold by Under Armour and associated with former basketball player Stephen Curry, who had on his shoes the phrase “I can do all things through Christ who strengthens me”, from the Bible verse, Philippians 4:13.

In January, Under Armour allegedly received a cease-and-desist letter from Battle Fashions stating that the clothing company had infringed its ‘ICAN’ trademark, US registration number 3081141.

“Under Armour responded to defendants explaining, among other things, that it was using ‘I Can’ as part of formative and descriptive phrases, such as ‘I Can Do All Things’, and that the use was a fair use,” the filing read.

Under Armour concluded in saying that Battle Fashions continues to allege infringement and therefore a declaratory judgment of non-infringement is required along with attorneys’ fees and a jury trial.

On Thursday, October 26, Under Armour settled its differences with Lululemon in a dispute over sports bras.

Lululemon claimed that Under Armour had used patented designs, US numbers D709,668 and D759,942, without permission.

The patents cover a bra design with four interwoven segments of fabric, two of which extend from each shoulder.

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More on this story

30 October 2017   Clothing company Under Armour has settled its differences with activewear brand Lululemon at the US District Court for the District of Delaware.
6 February 2018   Activewear brand Lululemon has hit a group of alleged online counterfeiters with a trademark infringement lawsuit.
24 April 2018   Sportswear brand Under Armour has succeeded in its opposition of two trademarks at the UK Intellectual Property Office (IPO).