November 4, 2019 Basketball / Intellectual Property, Copyright, and Trademark / Litigation / NBA / Trademark

Adidas and Brooklyn Nets Settle Trademark Lawsuit Over Milkcrate Logo

Adidas and the Brooklyn Nets have agreed to settle a trademark infringement lawsuit filed by Milkcrate Athletics Inc. over the use of its logo.

On October 28, 2019, Milkcrate asked a New York federal court to dismiss the lawsuit with prejudice, noting that a settlement had been reached. No details of this settlement have been revealed.

The lawsuit stemmed from an attempted collaboration between Adidas and Milkcrate. Between 2011 and 2017, Milkcrate owner Aaron “LaCrate” LaCanfora exchanged emails with Adidas seeking to collaborate on a …

July 13, 2018 Basketball / Litigation / NCAA

Update: University of Maryland Basketball Subpoenaed in NCAA Corruption/Bribery Case

On July 6, 2018, the University of Maryland Men’s Basketball team responded to Federal Grand Jury subpoenas requesting records in the NCAA Corruption/Bribery Case. Specifically, the Grand Jury asked Maryland for records regarding an unidentified former player, assistant coach Orlando “Bino” Ranson, and Silvio De Sousa, a recruit who ultimately attended the University of Kansas. After responding to the subpoenas, Maryland made a public statement that read, “[t]he University has cooperated and will continue to cooperate fully with the ongoing federal investigation.”

As we have …

June 6, 2018 Contract

Under Armour Seeks Arbitration in Data Breach Case

On May 21, 2018, the Sports and Entertainment Law Insider reported a putative class action suit filed against Under Armour, relating to a March 2018 data breach of the company’s MyFitnessPal app. On June 28, 2018, Under Armour filed a motion to compel arbitration, along with a motion to dismiss or stay litigation.

In the filing, Under Armour alleges that the named plaintiff, Rebecca Murray, expressly agreed to “a conspicuous arbitration provision” when she registered and used the MyFitnessPal app. The Terms and Conditions of …

May 21, 2018 General

Under Armour Sued in Latest Data Breach Case

In April 2018, Rebecca Murray filed a putative class action suit against Under Armour relating to the March 2018 data breach of Under Armour’s MyFitnessPal nutrition and fitness app. On Tuesday, May 15, 2018 Under Armour filed a notice of removal transferring the case to federal court in the Central District of California Murray v. Under Armour, 2:18-CV-04032.

The case arises from a data breach which Under Armour announced in late March 2018. Under Armour said that the breach affected an estimated $150 …

August 20, 2016 Intellectual Property, Copyright, and Trademark

Under Armour in a TM Dogfight with Puppy Armour

Sports apparel giant, Under Armour (UA), is unhappy with the “Armour marks” on Puppy Armour’s canine clothing. Under Amour is suing S&O Innovations LLC and Silvo Schillen of “slavishly” misappropriating and copying its name and font. The athletic gear maker filed its petition in a Florida federal court, arguing that the dog products are styled to look similar to UA.

S&O sells various kinds of dog T-shirts for different breeds. In its complaint, Under Armour argues that the T-shirts are the same color, with …

June 1, 2016 Sponsorships

Under Armour Remains Aggressive, Lands Record Deal With UCLA

Under Armour inked a record breaking contract with UCLA on Tuesday, May 24, 2016. The deal, considered to be the richest college sports apparel deal in the country, illustrates the Baltimore-based company’s intention to develop regional sales across the country. As part of the announcement, Under Armour said it would be expanding its West Coast retail locations.

Under Armour announced the 15-year, $280 million deal on Twitter, welcoming UCLA to the brand’s family. Under the terms of the deal, Under Armour will be the …

March 8, 2016 Litigation

Tit for Tat: Sports Apparel Giants Under Armour and Adidas Continue to Attack Each Other’s Patents

On Thursday, March 3, 2016, Under Armour argued to a Delaware federal judge that an Adidas patent for certain workout-tracking software and devices is overly broad. This is the latest development amidst a slew of ongoing intellectual property lawsuits between major sports apparel companies.

This particular dispute arises out of a lawsuit filed by Adidas in 2014, alleging that Under Armour infringed upon no less than ten mobile fitness patents owned by Adidas. Adidas further claimed that Under Armour’s director of innovation and research was …

October 13, 2015 Advertising

The Power of Endorsement Deals: Is Equity the New Compensation?

Professional athletes are becoming brands; walking, talking brands. Their success on the playing field adds value to their brand. Ultimately, companies want to use the athlete’s brand to sell their product; this gives birth to an endorsement contract. Companies pay huge sums of money for athletes to promote their products. The more powerful an athlete’s brand is, the more money a company is willing to pay to get their products in that athlete’s hands. Athletes earning potential in the endorsement arena is limitless; simply the …

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 …