By: Sharon Urias, Esq.
Under Armour, an athletic clothing maker based in Baltimore, Maryland, filed a trademark infringement suit against the athletic apparel giant Nike on Thursday, claiming Nike’s use of Armour’s catchphrase “I Will,” in its marketing ads is trademark infringement.
According to the lawsuit, Under Armour is claiming Nike began an advertising campaign last year using such phrases as “I will protect my home court,” or “I will finish what I started,” or “I will sweat while they sleep.”
Under Armour has been using the “I Will” catchphrase since 1998 on hundreds of products, billboards and other various types of marketing ads. In a statement, Under Armour said, “The “I Will” trademark is one of the cornerstone symbols of our company and its products and services.” Under Armour stated the company “will not allow a competitor to blatantly infringe upon our established trademark rights.” The first “I Will” trademark dates back to 2000, and just last May, Under Armour filed for multiple trademarks on the catchphrase.
The company reported Nike’s use of the catchphrase is “likely to cause confusion, mistake and deception.” Under Armour is requesting Nike be barred from using the “I Will” phrase, and wants Nike to destroy any products, packaging or taglines using the phrase, as well. Under Armour also seeks unspecified punitive damages for trademark infringement.
Mary Remuzzi, Nike spokeswoman, last week declined to comment on the lawsuit.
The two companies have tangled in court over trademark litigation in the past when Nike sued in 2003 claiming Under Armour’s moisture-wicking apparel infringed on Nike’s trademarked Dri-Fit style of clothing Unfortunately for Nike, a federal judge did not agree and dismissed the case.
Original article can be found here.
