Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA820317
`05/11/2017
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Under Armour, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`05/31/2017
`
`1020 Hull Street
`Baltimore, MD 21230
`UNITED STATES
`
`Attorney informa-
`tion
`
`Douglas A. Rettew
`Finnegan Henderson Farabow Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`UNITED STATES
`docketing@finnegan.com, doug.rettew@finnegan.com,
`anna.naydonov@finnegan.com, danny.awdeh@finnegan.com, TTAB-Leg-
`al-Assistants@finnegan.com Phone:2024084000
`
`Applicant Information
`
`Application No
`
`87183381
`
`Publication date
`
`01/31/2017
`
`Opposition Filing
`Date
`
`Applicant
`
`05/11/2017
`
`Kelley, Demetris
`121 Pat Kelly Rd
`Huntsville, TX 77342
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`05/31/2017
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2016/07/11 First Use In Commerce: 2016/07/11
`All goods and services in the class are opposed, namely: Hats; Shirts; Shorts; Athletic tops; Athletic
`bottoms; Moisture-wicking sports pants; Moisture-wicking sports shirts; Athletic apparel, namely,
`shirts, pants, jackets, footwear, hats and caps, athletic uniforms
`
`Class 026. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Armbands
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`
`2279668
`
`Application Date
`
`08/13/1996
`
`

`

`No.
`
`Registration Date
`
`09/21/1999
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1996/09/07 First Use In Commerce: 1996/09/07
`clothing, namely, T-shirts, long sleeveshirts, [ turtle necks] , mock turtle necks,
`hats, shorts, shirts, leggings, [ socks, ] jersey's, pants, headwear for winter and
`summer, under wear, tank tops (male and female), [ wristbands/headbands,
`shoes, rain suits, gloves, jackets (winter and summer), ] winter caps, sweat
`shirts/pull overs, womens bra
`
`U.S. Registration
`No.
`
`3642614
`
`Registration Date
`
`06/23/2009
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`10/10/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2003/11/26 First Use In Commerce: 2003/11/26
`Full line of athletic clothing
`
`U.S. Registration
`No.
`
`3712052
`
`Registration Date
`
`11/17/2009
`
`Word Mark
`
`UNDER ARMOUR
`
`Application Date
`
`05/11/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1996/09/07 First Use In Commerce: 1996/09/07
`Ankle socks; Athletic uniforms; Baseball caps; Baseball shoes; Baseball uni-
`forms; Baselayer bottoms; Baselayer tops; Beach footwear; Boxer briefs; Boxer
`shorts; Briefs; Capri pants; Children's headwear; Coats; Dresses; Fleece
`pullovers; Football shoes; Footwear; Foul weather gear; Golf caps; Golf shirts;
`Golf trousers; Hooded pullovers; Hunting vests; Jogging pants; Knit shirts; Men's
`socks; Mittens; Moisture-wicking sports bras; Moisture-wicking sports pants;
`Moisture-wicking sports shirts; Polo shirts; Rain jackets; Rain trousers; Rain-
`proof jackets; Rainwear; Running shoes; Short-sleeved orlong-sleeved t-shirts;
`Short-sleeved shirts; Ski bibs; Ski gloves; Ski jackets;Ski pants; Ski wear;
`Skorts; Sleevelessjerseys; Snow pants; Snowboard gloves; Snowboard mittens;
`Snowboard pants; Soccer boots; Sport shirts; Sports bras; Sports jerseys;
`Sports pants; Sports shirts; Sweat bands; Sweat pants; Tennis wear;Thongs;
`Thongs; Training shoes; Undershirts; Unitards; Visors; Waterproof jackets and
`pants; Wind pants; Wind resistantjackets; Wind shirts
`
`U.S. Registration
`No.
`
`3700135
`
`Registration Date
`
`10/20/2009
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`10/09/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2008/06/20 First Use In Commerce: 2008/06/20
`Clothing for athletic use, namely, padded shirts, padded pants, padded shorts,
`padded elbow compression sleeves
`Class 028. First use: First Use: 2006/01/12 First Use In Commerce: 2006/01/12
`[ Golf bags; ] bags specially adapted for sports equipment; golf gloves; batting
`gloves; football gloves; lacrosse gloves; mouth guards for athletic use; casesfor
`holding athletic mouth guards; athletic equipment, namely, guards for the lips;
`chin pads for athletic use; knee pads for athletic use; elbow pads for athletic
`
`

`

`use; forearm pads for athletic use;shin guards for athletic use; football girdles;
`jock straps
`
`U.S. Registration
`No.
`
`2917039
`
`Registration Date
`
`01/11/2005
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`11/26/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1996/09/07 First Use In Commerce: 1996/09/07
`WRISTBANDS, HEADBANDS, RAIN SUITS, JACKETS, SOCKS, SKIRTS,
`ATHLETIC SLEEVES, HOODS, SKULL WRAPS, SKULL CAPS, VESTS, HATS,
`SHORTS, SHIRTS, LEGGINGS, PANTS, HEADWEAR FOR WINTER AND
`SUMMER, UNDERWEAR, TANK TOPS, BRAS, GIRDLES
`
`U.S. Registration
`No.
`
`3052160
`
`Registration Date
`
`01/31/2006
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`11/26/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2004/07/12 First Use In Commerce: 2004/07/12
`Chin strap pads for use with protectivehelmets
`Class 018. First use: First Use: 2004/08/06 First Use In Commerce: 2004/08/06
`TOILETRY KITS, SOLD EMPTY
`Class 021. First use: First Use: 2004/02/04 First Use In Commerce: 2004/02/04
`SPORTS BOTTLES, SOLD EMPTY
`Class 022. First use: First Use: 2001/10/00 First Use In Commerce: 2001/10/00
`Lanyards for holding mouthpieces, waterbottles, eyeglasses, badges, or keys
`Class 024. First use: First Use: 2001/00/00 First Use In Commerce: 2001/00/00
`SPORTS TOWELS
`Class 025. First use: First Use: 2004/11/22 First Use In Commerce: 2004/11/22
`GLOVES
`
`

`

`U.S. Registration
`No.
`
`3178549
`
`Registration Date
`
`11/28/2006
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`07/20/2005
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2006/04/24 First Use In Commerce: 2006/04/24
`Athletic footwear
`
`U.S. Registration
`No.
`
`3638277
`
`Registration Date
`
`06/16/2009
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`09/17/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2000/07/07 First Use In Commerce: 2000/07/07
`Online retail store services featuring apparel, footwear, sporting goods, eye-
`wear, headwear, wrist bands, sweat bands, belts, gloves, hand-warmers, plastic
`water bottles sold empty, watches, sports bags, tote bags, travel bags, back-
`packs, [golf bags,] messenger bags, duffel bags, shoe bags for travel, toiletry
`bags sold empty, wheeled bags, waist packs, sling bags, umbrellas, towels,
`posters; Mobile retail store services featuring apparel, footwear, and sporting
`goods
`
`U.S. Registration
`No.
`
`3375771
`
`Registration Date
`
`01/29/2008
`
`Word Mark
`
`UNDER ARMOUR
`
`Application Date
`
`06/05/2007
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2004/10/24 First Use In Commerce: 2004/10/24
`Retail store services featuring appareland sporting goods
`
`U.S. Registration
`No.
`
`3812080
`
`Registration Date
`
`06/29/2010
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`07/22/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2009/09/25 First Use In Commerce: 2009/09/25
`baseball and softball equipment for catchers, namely, catchers' helmets
`Class 028. First use: First Use: 2009/09/25 First Use In Commerce: 2009/09/25
`Baseball and softball equipment for catchers, namely, face masks, chest pro-
`tectors, leg guards, and knee supports [ andreplacement parts for the foregoing
`goods ]
`
`U.S. Registration
`No.
`
`2509632
`
`Registration Date
`
`11/20/2001
`
`Word Mark
`
`UA UNDER ARMOUR
`
`Application Date
`
`11/01/2000
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1996/08/00 First Use In Commerce: 1996/08/00
`CLOTHING NAMELY; SHIRTS, HATS, PANTS, T-SHIRTS, UNDERWEAR,
`BRASSIERE AND SHORTS
`
`U.S. Registration
`No.
`
`3720012
`
`Registration Date
`
`12/01/2009
`
`Word Mark
`
`Design Mark
`
`ARMOUR
`
`Application Date
`
`09/12/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2007/11/15 First Use In Commerce: 2007/11/15
`Clothing, excluding golf clothing, namely, hooded sweat shirts, crew neck shirts,
`long sleeve shirts, pullover shirts, and sweat pants
`
`U.S. Registration
`No.
`
`3392904
`
`Registration Date
`
`03/04/2008
`
`Word Mark
`
`ARMOUR
`
`Application Date
`
`05/02/2005
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2007/11/15 First Use In Commerce: 2007/11/15
`Clothing, excluding golf clothing, namely, shorts, shirts, polo shirts, pants, jack-
`ets, vests and gloves
`
`U.S. Registration
`No.
`
`3970978
`
`Registration Date
`
`05/31/2011
`
`Word Mark
`
`Design Mark
`
`ARMOUR
`
`Application Date
`
`09/12/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2010/06/00 First Use In Commerce: 2010/06/00
`Footwear, excluding golf footwear
`
`U.S. Registration
`No.
`
`3766130
`
`Registration Date
`
`03/30/2010
`
`Word Mark
`
`ARMOUR
`
`Application Date
`
`02/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 2006/10/13 First Use In Commerce: 2006/10/13
`Protective athletic cups
`
`U.S. Registration
`No.
`
`3504324
`
`Registration Date
`
`09/23/2008
`
`Word Mark
`
`Design Mark
`
`ARMOUR STRETCH
`
`Application Date
`
`01/16/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2007/06/11 First Use In Commerce: 2007/06/11
`Jackets; Pullovers; [ Vests; ] Gloves
`
`U.S. Registration
`No.
`
`3622968
`
`Registration Date
`
`05/19/2009
`
`Word Mark
`
`Design Mark
`
`ARMOURSTORM
`
`Application Date
`
`10/31/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2007/07/30 First Use In Commerce: 2007/07/30
`[ Bib overalls; Coats; Gloves;] Jackets[ ; Mittens; Pants]
`
`U.S. Registration
`No.
`
`3684393
`
`Registration Date
`
`09/15/2009
`
`Word Mark
`
`Design Mark
`
`ARMOUR GRABTACK
`
`Application Date
`
`01/29/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 2009/04/15 First Use In Commerce: 2009/04/15
`Football gloves
`
`U.S. Registration
`No.
`
`3069215
`
`Registration Date
`
`03/14/2006
`
`Word Mark
`
`Design Mark
`
`ARMOURBLOCK
`
`Application Date
`
`03/25/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2005/05/02 First Use In Commerce: 2005/05/02
`Gloves, socks, hoods, shirts, T-shirts,leggings, pants, [ headwear for winter,] un-
`derwear, and tank tops
`
`U.S. Registration
`No.
`
`3646904
`
`Registration Date
`
`06/30/2009
`
`Word Mark
`
`ARMOURFUSION
`
`Application Date
`
`12/04/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2008/05/05 First Use In Commerce: 2008/05/05
`Sunglasses
`
`U.S. Registration
`No.
`
`4094318
`
`Registration Date
`
`01/31/2012
`
`Word Mark
`
`Design Mark
`
`GAMEDAY ARMOUR
`
`Application Date
`
`06/02/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2011/05/00 First Use In Commerce: 2011/05/00
`Clothing, namely, shirts, t-shirts, short-sleeved shirts, shorts; clothing for athletic
`use, namely, padded shorts; clothing for athletic use, namely, padded shirts
`
`U.S. Registration
`No.
`
`4142942
`
`Registration Date
`
`05/15/2012
`
`Word Mark
`
`ARMOUR BRA
`
`Application Date
`
`10/03/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2012/01/00 First Use In Commerce: 2012/01/00
`Bras
`
`U.S. Registration
`No.
`
`3510702
`
`Registration Date
`
`10/07/2008
`
`Word Mark
`
`Design Mark
`
`ARMOUR FLEECE
`
`Application Date
`
`06/12/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2005/11/23 First Use In Commerce: 2005/11/23
`Jackets, pants
`
`U.S. Registration
`No.
`
`3861988
`
`Registration Date
`
`10/12/2010
`
`Word Mark
`
`Design Mark
`
`ARMOURSIGHT
`
`Application Date
`
`11/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/02/15 First Use In Commerce: 2010/02/15
`Eyewear; sunglasses; lenses for sunglasses
`
`U.S. Registration
`No.
`
`4642057
`
`Registration Date
`
`11/18/2014
`
`Word Mark
`
`Design Mark
`
`ARMOURVENT
`
`Application Date
`
`05/20/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 025. First use: First Use: 2013/04/00 First Use In Commerce: 2013/04/00
`Athletic shirts; Athletic shorts; Baselayer bottoms; Baselayer tops; Bottoms;
`Capri pants; Capris; Caps; Compression garments for athletic or other non-
`medicaluse, namely, shirts, shorts; Hats; Headwear; Jackets; Leggings; Long-
`sleeved shirts; Shirts; Short-sleeved shirts; Shorts; Singlets; Sports shirts; T-
`shirts; Tank tops; Tank-tops; Tops; Track jackets; Vests
`
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`

`

`85982901#TMSN.png( bytes )
`5-11-17 Notice of Opposition - E613 WHOLE ARMOR 87183381.pdf(479726
`bytes )
`Exhibit A.pdf(2133152 bytes )
`Exhibit B.pdf(3271353 bytes )
`
`Signature
`
`/Douglas A. Rettew/
`
`Name
`
`Date
`
`Douglas A. Rettew
`
`05/11/2017
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`UNDER ARMOUR, INC.,
`
`
`Opposer,
`
`
`
`v.
`
`
`DEMETRIS KELLEY,
`
`
`Applicant.
`
`
`Opposition No. ___________
`
`Application No.: 87183381
`Mark: E613 WHOLE ARMOR
`Filing Date: September 26, 2016
`
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer Under Armour, Inc. believes that it will be damaged by the registration of
`
`
`
`Application Serial No. 87183381 for the mark E613 WHOLE ARMOR for “Hats; Shirts; Shorts;
`
`Athletic tops; Athletic bottoms; Moisture-wicking sports pants; Moisture-wicking sports shirts;
`
`Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms” in
`
`Class 25 and “armbands” in Class 26 and opposes it. As grounds for its opposition, Under
`
`Armour alleges the following, upon actual knowledge with respect to itself and its own acts, and
`
`upon information and belief as to other matters:
`
`Under Armour, Its Products, and Its Famous Trademarks
`
`1. Opposer Under Armour is a Maryland corporation with an address at 1020 Hull
`
`Street, Baltimore, Maryland 21230. Under Armour is one of the world’s most successful,
`
`popular, and well-known providers of apparel, footwear, sporting goods, and accessories.
`
`Through Under Armour’s innovative use of advanced engineering and technology, it has
`
`revolutionized the performance-product industry. In 2016 alone, Under Armour sold more than
`
`$4 billion worth of products.
`
`

`

`2.
`
`Since at least as early as 1996, Under Armour has continuously used and promoted
`
`the UNDER ARMOUR name/mark for apparel.
`
`3. Over the years, Under Armour has expanded to a wide range of other products and
`
`services, including a full line of athletic and other clothing, footwear, and headwear; accessories;
`
`mobile apps and wearables; outdoor apparel and gear; tactical gear; workwear; and sports
`
`equipment. The distinctive UNDER ARMOUR name/mark has been used and promoted across
`
`Under Armour’s extensive product line.
`
`4. Reflecting its significant growth and expansion over the years, Under Armour owns
`
`federal trademark registrations and/or applications for its UNDER ARMOUR mark covering a
`
`wide array of products and services, including products/services in Classes 3, 5, 9, 10, 14, 16, 18,
`
`21, 22, 24, 25, 28, 32, 35, and 41.
`
`5.
`
`In addition to its UNDER ARMOUR name/mark, Under Armour has used and
`
`promoted the ARMOUR mark alone and numerous other ARMOUR-formative marks in
`
`connection with its wide range of products and services, including GAMEDAY ARMOUR,
`
`BABY ARMOUR, OFFSHORE ARMOUR, ARMOURBLOCK, ARMOUR STRETCH,
`
`ARMOURSTORM, ARMOUR GRABTACK, ARMOURVENT, ARMOUR FLEECE,
`
`ARMOUR SELECT, ARMOURLOFT, ARMOURGRIP, ARMOURCHILL, ARMOURSIGHT,
`
`and ARMOURSTEALTH (individually and collectively “ARMOUR Marks”). These and other
`
`ARMOUR-formative marks have been used and promoted individually and/or together, and
`
`consumers have come to associate the ARMOUR portion of the marks with Under Armour.
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`6. Among its products, Under Armour has for years offered a variety of athletic
`
`clothing, including t-shirts and other shirts for men, women, and children under its ARMOUR
`
`Marks, sales of which have been considerable, e.g.:
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`2
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`Armour Sleeveless
`5475‘: T.
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`Armour® Fleece V: Zip
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`$5339
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`Color: Elue Marker (739w ! Walter
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`UA HeatGear® Armour
`CoolSwitch Supervent
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`$37.99 34-85%!
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`Color: NEH-3 Teal [361 l f Nen‘lwern Lighls
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`Color: Maroon \6593 4' Mamon
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`7. Under Armour has sold billions of dollars’ worth of products under its ARMOUR
`
`Marks. Under Armour’s products are promoted, offered, and sold nationwide in connection with
`
`the ARMOUR Marks through a wide variety of retail means, including thousands of retail stores.
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`These retail stores include Under Armour’s own Factory and Brand House retail stores, as well
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`5
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`as national, regional, independent, and specialty retailers such as Bass Pro Shops, Cabela’s,
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`Academy Sports & Outdoors, Foot Locker, Finish Line, Dick’s Sporting Goods, Macy’s,
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`Dunham’s, Modell’s, Hibbett Sports, Nordstrom, and The Army and Air Force Exchange
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`Service.
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`8. Under Armour’s products are also offered and sold in connection with its
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`ARMOUR Marks through the websites and mail order catalogs of many of its retailers and
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`Under Armour’s websites, catalogs, and toll-free call center.
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`9.
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`For years, Under Armour has spent tens of millions of dollars annually advertising
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`and promoting its ARMOUR Marks and products to the general public through virtually every
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`available type of media, including print publications, signage, television, and/or the Internet.
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`10.
`
`Under Armour has run extensive nationwide advertising campaigns that reinforce
`
`the ARMOUR Marks as a potent shorthand for Under Armour and its vast product offerings,
`
`such as THIS IS YOUR ARMOUR, EARN YOUR ARMOUR, ARMOUR UP, and YOUR
`
`ARMOUR JUST GOT LIGHTER:
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`6
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`11. With respect to publications and signage, Under Armour has advertised and
`
`promoted its ARMOUR Marks and products in a wide variety of nationally circulated magazines
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`and newspapers. Further, the ARMOUR Marks have been featured on billboards and other
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`signage in various cities, including Baltimore, Philadelphia, and New York City’s Times Square.
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`12. Under Armour has advertised and promoted its ARMOUR Marks and products
`
`through television commercials, including a television commercial during the Super Bowl;
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`product placement in popular movies, national television programs, and video games; and
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`coverage of sporting events featuring its branded products, among other means.
`
`13. Under Armour also promotes and showcases its UNDER ARMOUR and other
`
`ARMOUR Marks and products on its own and authorized websites and social-media sites,
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`including www.underarmour.com, www.facebook.com/underarmour, and
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`www.twitter.com/underarmour, as well as through Under Armour’s catalogs. Further, Under
`
`Armour’s ARMOUR Marks and products are advertised and promoted through many of its
`
`retailers’ websites, including the websites used by Bass Pro Shops, Bloomingdales.com,
`
`Cabela’s, Dick’s Sporting Goods, Eastbay, Eastern Mountain Sports, Finish Line, Foot Locker,
`
`City Sports, Hibbett, LL Bean, Lord & Taylor, Macys.com, MC Sports, Modell’s, Nordstrom,
`
`Sportsman’s Guide, and Sportsman’s Warehouse, as well as mail order catalogs of many of its
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`retailers.
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`14. Sponsorships, outfitting agreements, and individual athlete agreements represent
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`another significant form of advertising and promotion by Under Armour. Under Armour’s
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`ARMOUR Marks are promoted through high-profile athletes and teams at the youth, collegiate,
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`professional, and Olympic levels.
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`15. Since 2006, Under Armour has been an authorized supplier of footwear to the NFL
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`and is currently also the official performance footwear supplier to MLB and authorized supplier
`
`of gloves to the NFL.
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`16.
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`In addition to its own substantial advertising and promotional activities, Under
`
`Armour and its ARMOUR Marks and products have received and continue to receive
`
`widespread unsolicited media coverage. Indeed, many of the athletes, teams, and sporting events
`
`sponsored by Under Armour appear on nationally broadcast television programs and in widely
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`circulated publications, exposing tens of millions of consumers to the ARMOUR Marks.
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`17. Under Armour has received numerous awards for its commercial success in
`
`connection with the development of its innovative and technologically enhanced products and its
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`marketing and branding achievements. In 2014, Under Armour received the prestigious
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`“Marketer of the Year” Award from Advertising Age magazine, and Yahoo Finance named
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`Under Armour the 2014 “Company of the Year.” In 2015, Under Armour ranked #4 (with a
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`brand value of $5 billion) on Forbes’s list of “The World’s Most Valuable Sports Brands.” In
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`2016, Under Armour also received the preeminent marketing industry award for the best “Ad of
`
`the Year” from AdWeek for its “Rule Yourself” campaign featuring the 22-time Olympic
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`medalist, Michael Phelps.
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`18. As a result of its distinctive nature, and thus inherent strength; widespread
`
`advertising, publicity, promotion, and sales; and longstanding and extensive use and recognition,
`
`the UNDER ARMOUR mark has been well known and famous for years.
`
`19.
`
`In Under Armour, Inc. v. Bode, Opp. No. 91178653 (TTAB May 21, 2009), the
`
`Trademark Trial and Appeal Board of the United States Patent and Trademark Office expressly
`
`acknowledged the fame of the UNDER ARMOUR mark.
`
`20.
`
`Under Armour owns, among others, the following valid and subsisting U.S.
`
`federal trademark registrations for its UNDER ARMOUR mark for apparel, footwear,
`
`accessories, and other products (printouts from the U.S. Patent and Trademark Office (“PTO”)
`
`TESS and TSDR databases, including assignment information, are attached as Exhibit A):
`
`Mark
`
`Reg. No. Reg. Date
`
`Products/Services
`
`9/21/1999 Class 025. Clothing, namely, T-shirts, long
`sleeveshirts, mock turtle necks, hats, shorts, shirts,
`leggings, jersey’s, pants, headwear for winter and
`summer, under wear, tank tops (male and female),
`winter caps, sweat shirts/pull overs, womens bra
`6/23/2009 Class 025. Full line of athletic clothing
`11/17/2009 Class 025. Ankle socks; Athletic uniforms; Baseball
`caps; Baseball shoes; Baseball uniforms; Baselayer
`bottoms; Baselayer tops; Beach footwear; Boxer
`briefs; Boxer shorts; Briefs; Capri pants; Children’s
`headwear; Coats; Dresses; Fleece pullovers; Football
`shoes; Footwear; Foul weather gear; Golf caps; Golf
`shirts; Golf trousers; Hooded pullovers; Hunting
`vests; Jogging pants; Knit shirts; Men’s socks;
`Mittens; Moisture-wicking sports bras; Moisture-
`wicking sports pants; Moisture-wicking sports shirts;
`
`UNDER ARMOUR 2279668
`
`UNDER ARMOUR 3642614
`UNDER ARMOUR 3712052
`
`
`
`9
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`Mark
`
`Reg. No. Reg. Date
`
`Products/Services
`
`Polo shirts; Rain jackets; Rain trousers; Rainproof
`jackets; Rainwear; Running shoes; Short-sleeved or
`long-sleeved t shirts; Short-sleeved shirts; Ski bibs;
`Ski gloves; Ski jackets; Ski pants; Ski wear; Skorts;
`Sleeveless jerseys; Snow pants; Snowboard gloves;
`Snowboard mittens; Snowboard pants; Soccer boots;
`Sport shirts; Sports bras; Sports jerseys; Sports
`pants; Sports shirts; Sweat bands; Sweat pants;
`Tennis wear; Thongs; Thongs; Training shoes;
`Undershirts; Unitards; Visors; Waterproof jackets
`and pants; Wind pants; Wind resistant jackets; Wind
`shirts
`10/20/2009 Class 025. Clothing for athletic use, namely, padded
`shirts, padded pants, padded shorts, padded elbow
`compression sleeves
`
`Class 028. Golf bags; bags specially adapted for
`sports equipment; golf gloves; batting gloves;
`football gloves; lacrosse gloves; mouth guards for
`athletic use; cases for holding athletic mouth guards;
`athletic equipment, namely, guards for the lips; chin
`pads for athletic use; knee pads for athletic use;
`elbow pads for athletic use; forearm pads for athletic
`use; shin guards for athletic use; football girdles; jock
`straps
`1/11/2005 Class 025. Wristbands, headbands, rain suits,
`jackets, socks, skirts, athletic sleeves, hoods, skull
`wraps, skull caps, vests, hats, shorts, shirts, leggings,
`pants, headwear for winter and summer, underwear,
`tank tops, bras, girdles
`1/31/2006 Class 009. Chin strap pads for use with protective
`helmets
`
`Class 018. Toiletry kits, sold empty
`
`Class 021. Sports bottles, sold empty
`
`Class 022. Lanyards for holding mouthpieces,
`waterbottles, eyeglasses, badges, or keys
`
`Class 024. Sports towels
`
`Class 025. Gloves
`11/28/2006 Class 025. Athletic footwear
`
`UNDER ARMOUR 3700135
`
`UNDER ARMOUR 2917039
`
`UNDER ARMOUR 3052160
`
`UNDER ARMOUR 3178549
`
`
`
`10
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`

`Mark
`
`Reg. No. Reg. Date
`
`UNDER ARMOUR 3638277
`
`UNDER ARMOUR 3375771
`
`UNDER ARMOUR 3812080
`
`2509632
`
`
`
`
`
`Products/Services
`
`6/16/2009 Class 035. Online retail store services featuring
`apparel, footwear, sporting goods, eyewear,
`headwear, wrist bands, sweat bands, belts, gloves,
`hand-warmers, plastic water bottles sold empty,
`watches, sports bags, tote bags, travel bags,
`backpacks, messenger bags, duffel bags, shoe bags
`for travel, toiletry bags sold empty, wheeled bags,
`waist packs, slingbags, umbrellas, towels, posters;
`Mobile retail store services featuring apparel,
`footwear, and sporting goods
`1/29/2008 Class 035. Retail store services featuring apparel and
`sporting goods
`6/29/2010 Class 009. Baseball and softball equipment for
`catchers, namely, catchers’ helmets
`
`Class 028. Baseball and softball equipment for
`catchers, namely, face masks, chest protectors, leg
`guards, knee supports
`11/20/2001 Class 025. Clothing namely; shirts, hats, pants, T-
`shirts, underwear, brassiere and shorts
`
`21. Under Armour also owns, among others, the following valid and subsisting U.S.
`
`trademark registrations for the ARMOUR mark per se and other ARMOUR-formative marks,
`
`including for clothing, footwear, accessories, and other products (printouts from the PTO TESS
`
`and TSDR databases, including assignment information, are attached as Exhibit B):
`
`Mark
`
`Reg.
`
`No.
`
`Reg. Date
`
`Products
`
`ARMOUR
`
`ARMOUR
`
`3392904 3/4/2008
`
`3720012 12/1/2009 Class 025. Clothing, excluding golf clothing,
`namely, hooded sweat shirts, crew neck shirts,
`long sleeve shirts, and pullover shirts
`Class 025. Clothing, excluding golf clothing,
`namely, shorts, shirts, pants, and gloves
`3970978 5/31/2011 Class 025. Footwear, excluding golf footwear
`ARMOUR
`3766130 3/30/2010 Class 028. Protective athletic cups
`ARMOUR
`ARMOUR STRETCH 3504324 09/23/2008 Class 025. Jackets, pullovers, and gloves
`3622968 05/19/2009 Class 025. Jackets
`ARMOURSTORM
`3684393 09/15/2009 Class 028. Football gloves
`ARMOUR
`GRABTACK
`
`
`
`11
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`

`

`Mark
`
`Reg.
`
`No.
`
`Reg. Date
`
`Products
`
`ARMOURBLOCK
`
`3069215 03/14/2006 Class 025. Gloves, socks, hoods, shirts,
`T-shirts, leggings, pants, underwear, and tank
`tops
`
`ARMOUR BRA
`ARMOUR FLEECE
`ARMOURSIGHT
`
`3646904 06/30/2009 Class 009. Sunglasses
`ARMOURFUSION
`GAMEDAY ARMOUR 4094318 01/31/2012 Class 025. Clothing, namely, shirts, t-shirts,
`short-sleeved shirts, shorts; clothing for athletic
`use, namely, padded shorts; clothing for
`athletic use, namely, padded shirts
`4142942 05/15/2012 Class 025. Bras
`3510702 10/07/2008 Class 025. Jackets, pants
`3861988 10/12/2010 Class 009. Eyewear; sunglasses; lenses for
`sunglasses
`4642057 11/18/2014 Class 025. Athletic shirts; athletic shorts;
`baselayer bottoms; baselayer tops; bottoms;
`capri pants; capris; caps; compression garments
`for athletic or other non-medical use, namely,
`shirts, shorts; hats; headwear; jackets; leggings;
`long-sleeved shirts; shirts; short-sleeved shirts;
`shorts; singlets; sports shirts; t-shirts; tank tops;
`tank-tops; tops; track jackets; vests
`
`ARMOURVENT
`
`
`
`
`22. Demetris Kelley (“Applicant”) is a U.S. citizen with and address at 121 Pat Kelly
`
`
`Applicant and Its Mark
`
`Rd., Huntsville, Texas 77342.
`
`23. On September 26, 2016, Applicant filed Application Serial No. 87183381 for the
`
`mark E613 WHOLE ARMOR for (1) “Hats; Shirts; Shorts; Athletic tops; Athletic bottoms;
`
`Moisture-wicking sports pants; Moisture-wicking sports shirts; Athletic apparel, namely, shirts,
`
`pants, jackets, footwear, hats and caps, athletic uniforms” in Class 25, alleging a first-use date of
`
`July 11, 2016 for those goods; and (2) “armbands” in Class 26, alleging an intent to use for those
`
`goods.
`
`
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`12
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`

`

`Count One
`Likelihood of Confusion, 15 U.S.C. § 1052(d)
`
`
`
`24. Under Armour repeats and realleges each and every allegation set forth in each of
`
`the preceding paragraphs.
`
`25. Under Armour has used in commerce, registered, and/or applied to register its
`
`ARMOUR Marks well before Applicant’s September 26, 2016 filing date and/or the July 11,
`
`2016 alleged first-use date.
`
`26. Applicant’s E613 WHOLE ARMOR mark is so similar to Under Armour’s prior
`
`used, filed, and/or registered ARMOUR Marks, and the goods covered by Under Armour’s
`
`ARMOUR Marks and Applicant’s E613 WHOLE ARMOR mark are related in such a way that it
`
`is likely that a potential consumer would be confused or mistaken or deceived as to the source
`
`of the parties’ respective goods under Section 2(d) of the Lanham Act, as amended, 15 U.S.C.
`
`§ 1052(d).
`
`Count Tw