Athletes are familiar with the products of Under Armour, a name that has become almost synonymous with athletic undergarments. The company revolutionized athletic wear In the 1990s, making shirts and other garments that wicked away moisture during strenuous activity. Currently, Under Armour believes that its brand’s reputation is being put on the line.
A Weston company product labeled as “Ass Armor” entered the market a few years ago, and the product uses the tag line “Protect Your Assets.” The executives of Under Armour think this product’s name and slogan are too similar to their own, which is “Protect This House,” and so they are suing for trademark infringement.
Under Armor does not want their product mistaken for this Weston undergarment. They seek the destruction of all products, packaging, signage, advertising and materials containing the “Ass Armor” and “Protect Your Assets” markings, and they also want the Ass Armor website domain signed over to their company.
How Can You Tell When a Product is Infringing on a Trademark?
In 2013, a snowboarder created the product at the center of this controversy. He developed a pair of undershorts with padding to protect his tailbone if he fell while snowboarding. The Weston Company claims that the name of the product evolved from its use, but will that reasoning be enough to counter Under Armour’s claim that Ass Armor is riding the coattails of its reputation?
Products with similar names have come into conflict in this manner for decades, but the fact remains that separate products must be clearly defined in the market. This allows manufacturers to succeed based on their specific qualities. To learn more about trademarks and infringement, explore our site and keep watching our blog for updates on intellectual property conflicts.
Klein Trial Lawyers—Trademark Infringement Attorney