California Shoe Maker Sues Under Armour for Alleged Trademark Infringement

Last month, Pacoima-based Gravity Defyer filed a claim against Under Armour Inc. in U.S. District Court alleging trademark infringement.  Gravity Defyer claims that Baltimore-based Under Armour knowingly used Gravity Defyer’s mark and name on its running shoes.

According to the claim filed in the Central District Court of California on March 14, the Gravity Defyer federally registered “G Defy” name and trademark have been infringed upon by the Micro G Defy running shoes manufactured by Under Armour.  The company goes on in the complaint to say that Under Armour purposely and knowingly used the company’s mark to draw attention to their product, and is asking the court to require that Under Armour not use the phrase “G Defy.”  Gravity Defyer is also seeking monetary damages in the suit, although an amount was not specified.

Gravity Defyer senior vice present and CFO Paul Coleman said in a statement printed in a news article at Baltimore Business Journal that “Our brand identities are a reflection of the promises we make to consumers every day.  Trademarks are an extension of that promise.”

In a March 25 press release, Gravity Defyer claimed that Under Armour purposely created a product name that sounds like Gravity Defyer’s own in an effort to mislead consumers who shop online through the use of social media, search engines, and other outlets.

Under Armour is a fairly well-known company, and it seems no stranger to lawsuits involving trademark infringement.  In February, Under Armour filed a trademark infringement claim against sportswear giant Nike for allegedly infringing upon its slogan “I Will.”  The company also filed suit against BodyArmor Nutrition LLC of Beverly Hills in April of 2012, based on the use of the “Protect + Restore” phrase, the company’s name, and an interlocking logo.

The Law Offices of Spotora & Associates provides vigorous, effective legal representation for companies involved in business disputes including copyright and trademark infringement, breach of contract, unfair competition, theft of trade secrets, online disputes and more.  Contact our Los Angeles business litigation attorneys today for outstanding results.

This entry was posted on Tuesday, April 9th, 2013 at 7:28 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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