How Close is Too Close? Under Armour Sues Over Alleged Trademark Infringement
Apparel giant Under Armour filed a lawsuit against Moonstone LLC, Titan Industries Inc., Internatonal Fashion Royalty Inc., and Carol De Leon in Maryland federal court on Thursday, alleging that they are infringing on Under Armour’s well-known trademark logo. The logo at issue is one used for sandal-clogg shoe hybrids known as “Floggs.”
A side-by-side comparison of the Under Armour logo and the Flogg logo does seem to reveal certain similarities, so the question is: how close is too close? Under Armour’s complaint states:
Defendants’ use and registration of the logo mark (in vertical or horizontal orientation) have damaged and irreparably injured and, if permitted to continue, will continue to irreparably injure the public, who has an interest in being free from confusion.
The complaint also claims that by marketing products with a logo so similar to Under Armour’s, the defendants are engaging in unfair competition.
Defendant Moonstone LLC filed a trademark application for the Flogg logo in April. The other defendants obtained trademark registration for the logo for use on shoes in October 2013. Through its lawsuit, Under Armour is seeking an injunction to prevent Defendants from continuing to use the logo, an order mandating the destruction of any products bearing the logo, damages, costs, and attorneys’ fees.