Posts Tagged: "Under Armour"

Nike Converse’s ITC strategy a mixed bag

In late 2014, Nike Converse Inc. launched an aggressive attack in the U.S. District Court in Brooklyn against companies including Walmart, Under Armour and Ralph Lauren for infringing upon Converse’s signature Chuck Taylor shoe. Nike Converse sued a total of 31 companies for copying the rubber “bumper” running around the front, a “toe cap” on the top of the shoe above the bumper, and lines or stripes running around the sides of the classic kick. Many of us have either owned or seen the Chuck Taylor and can identify these unique traits.

Under Armour Sues Nike Over Use of “I Will”

In its complaint, UA stated that Nike started an ad campaign in the latter months of 2012 that misappropriated UA’s trademark by pretty much making the phrase “I WILL” the focal point of its ads on its FACEBOOK and YouTube video pages, as well as on nike.com. In particular, Nike has used video footage in its ads that has the catch phrase superimposed throughout the video in big bold letters. UA argues that Nike was well aware of its ongoing, long-term use of the “I WILL” trademark (much in the same way that most people in the industry know that Nike is well known for its phrase “JUST DO IT”) and suggests that Nike’s use of “I WILL” not only does harm to UA but to the public as well because customers currently associate the phrase with UA.

Under Armour Sues Body Armor for Trademark Infringement

Still, it seems a little reckless to me to select a trademark that incorporates “ARMOR” or “ARMOUR” when entering an industry that has a heavyweight such as Under Armour with a large trademark portfolio and the means to enforce that portfolio. Is the name BODYARMOR so critical to the success of the company and selling their drinks? I doubt it. So then why run the risk of incurring the wrath of a well funded and well known trademark owner? It just doesn’t make business sense if you ask me. That is why I always advise companies to consider doing a rather exhaustive trademark search and obtaining an opinion from an attorney prior to spending money on adverting and marketing campaigns.