Under Armour, the third-largest sports brand in the U.S., sent a cease and desist order to Bend’s Cascade Armory Oct. 24, claiming Cascade Armory is creating brand confusion and that Under Armour is suffering from it.
In its cease and desist letter to Cascade Armory’s attorney, Leigh Gill of Portland’s Immix Law Group, Under Armour wrote, “Your client’s use and application of Cascade Armory constitutes trademark infringement, trademark dilution, and/or unfair completion under federal law and various state laws.”
Alex Short started Cascade Armory with his wife, Diana, about five months ago. On the day the trademark was to be approved, Short said Under Armour purchased a window to oppose the trademark—basically allowing for a longer time period for businesses to oppose the trademark. Short said no one from UA contacted him, but when he called to discuss how he could avoid litigation, he said UA put six attorneys on the phone at the same time, and in essence told him to change his name and start over.
“It’s going to cost $10,000 just to get to court,” Short said. “It could end up costing us a fortune.”
Cascade Armory designs and sells casual clothes including hoodies, flannel shirts, hats and scarves in stores around Bend and online. Under Armour has high profile athletes, including Jordan Speith and Steph Curry, and sells athletic clothes and equipment—from shoes to compression long underwear and lacrosse sticks. Cascade Armory’s logo is an elk with the words, “Bend Oregon” printed on the side and “Peaks to Streets” written below. Under Armour’s logo is a U and an A twisted together.
In the cease and desist order, Under Armour demanded that Cascade Armory abandon with prejudice its application for trademark and any other applications and registrations for marks comprised of or containing the term armory, armoury, armor, armour or any misspellings or variations thereof. The company demanded Cascade Armory permanently quit using, registering or applying to register the Cascade Armory mark and any versions containing the same versions of ‘armory’ or ‘armor.’ Also, they demanded that Cascade Armory deactivate its website and social media pages that contain the same words.
This is not the first time Under Armour—which took in revenue of nearly $5 billion last year, according to its 2017 annual report—has tangled with other companies with the word armor in its name.
In 2015, they took on a Maryland Bible-quoting football champ named Terrance Jackson, according to a story in the Washington Post. Jackson, who was upset that most of the clothing options for his 3-year-old son were covered in skulls and crossbones, decided to start his own “inspirational” apparel company with a scripture-inspired name, Armor & Glory.
Under Armour filed a lawsuit stating, “Armor & Glory’s name is likely to cause confusion, mistake and deception as to the two companies’ connection, which would dilute the distinctiveness and further damage and irreparably injure Under Armour’s brand.” Under Armour’s attorneys wrote that Armor & Glory should have to destroy all products, hand over its domain name and any profits, and pay Under Armour’s attorney fees and damages of $100,000 or more, according to the story in the Post. Jackson since changed the company’s name to AG365 and is still selling faith-based apparel.
The Post story said over the years, Under Armour has sued other small companies that use the word armor, or variations of, in their names. Salt Armour, a Florida fishing-apparel firm, Ass Armor, a maker of shock-absorbing snowboarding shorts and Bodyarmor Superdrink, a sports-drink company who vowed to fight back all were sued by the apparel giant.
According to Mandour & Associates, a Southern California-based intellectual property law firm, Bodyarmor SuperDrink Chairman Michael Repole said his company has the resources and expertise to fight Under Armour to the fullest extent possible and hopes that Bodyarmor can, “set a positive example for small companies that are harassed by larger companies hoping to bully competitors into submission.”
Under Armour did respond not to our requests for comment.
“I want them to be exposed,” Short said. “I don’t think it’s right what they’re doing to us. We’re a family business—my wife and I run the whole thing.”
This article appears in Oct 24-31, 2018.
MAKE LOCAL JOURNALISM HAPPEN
Republish our articles for free, online or in print, under a Creative Commons license.
Ill never buy another UA pile of shit till they quit selling to DICKs
Ill never by any UA gear until they stop BEING dicks. 🙂
Shame on UA, you just lost another customer.
This is all about Trump style aggressive business tactics. In no stretch of the imagination does Cascade Armory pose any form of financial threat to Under Armor. It is doubtful that they (Under Armor) can actually prevail. The words armor and armory are common usage in the English language. Under Armor is depending on the high cost of defending their cease and desist order will prevent further litigation. Similar tactics have been employed by Starbucks and Fresh Mex.
I have never bought any products from Under Armor and definitely never will. I would support and encourage a go fund me effort to raise defense funds for Cascade Armory.
If Under Armour is suffering losses because of a small company like Cascade Armory, they were already in trouble. Glad that I have never bought anything from UA! It’s too expensive and THAT’S their problem!
As the parent of a young ninja warrior in training they just lost any business we would have ever given them. I guess they outta sue God too seeing as the Bible talks about putting on the Armor of God. Where is this nonsense going to stop. Big boots trying to stomp out the little ants that might get a crumb. What a joke!
This is horrible!! You would think Under Armour would give the little man a chance. It’s all about lining the pockets of the big guy now though. I think I am most disgusted with going after the man starting the clothing line who was faith based for his 3 year old son.
Despicable. Knowing this will encourage me to spread the word not to purchase UA products.
Eh, I’ve had those papers come my way. I’m small potatoes. I just ignore them. If they walk in the door, tell them, “no it’s not”.
I have never head of Under Armour, probably as I am not a sports fan and their target audience. But I am a small business owner and as such, would never buy their products if they were the only company to make them. The entire copyright law needs re-worked when it can be used for such nonsense.
Use to be a fan of Under Armour. I will not be buying from then again. These companies can’t claim exclusive use of a common word. You would have to be an idiot to confuse Under Armour with Cascade Armory. I guess Under Armor thinks their customers are stupid. Stop bullying the little guys with frivolous lawsuits and scare tactics. Not cool.
No more business from me under armour! What jerks! Is there a go fund me or some other fund raising going on to help this business fight the jerks? I would love to donate and share!
“A trademark owner can stop other businesses that sell the same product or service from using a confusingly similar trademark in a way that is likely to cause customer confusion about the source of the goods or services. Thats it. Thats all the power a trademark owner has. If there is no confusion, then there is no infringement.”
http://www.creekmorelaw.com/you-can-own-a-trademark-but-you-cant-own-a-word/
Hmmm….
Armory…. a place where arms and military equipment are stored especially : one used for training reserve military personnel.
Armour – any covering worn as a defense against weapons.
a suit of armor. /a metallic sheathing or protective covering, especially metal plates, used on warships, armored vehicles, airplanes, and fortifications.
Two different words actually. Greed, pure and simple on the part of Under Armour
I say just ignore the giant, all bark and no bite.
Under Armour should be ashamed of themselves
Next up, Nike to sue all bike companies.
Someone start a GO FUND ME to help CA fight the greedy UA! I’d donate to the cause. Greedy people disgust me.
Theyre business tactics suck!! I will never ever buy anything from them!! Matter of fact, does anyone know if Cascade Armory does online orders? I think I have some Christmas shopping to do!!
https://www.portlandmercury.com/blogtown/2017/12/26/19557158/remembering-2017-under-armour-supports-trump-so-stop-buying-their-shit
Those guys are douches, I don’t care if they do stop I’ll still never buy from them, I’d rather go without.
Here is the website of Cascade Armory! Lets Xmas Shop there to support them: https://cascadearmory.com/
Knights of old wore armor, sue them, too
Watch out Armour Hotdogs. You’re next.
https://www.portlandmercury.com/blogtown/2018/12/06/25072135/under-armour-threatens-a-small-oregon-business-because-they-can