Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA947693
`01/15/2019
`
`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
`
`01/26/2019
`
`1020 Hull Street
`Baltimore, MD 21230
`UNITED STATES
`
`Attorney informa-
`tion
`
`Aaron Y. Silverstein
`Saunders & Silverstein LLP
`14 Cedar Street, Suite 224
`Amesbury, MA 01913-1831
`UNITED STATES
`trademarks@sandsip.com, asilverstein@sandsip.com
`+1.978.463.9100
`
`Applicant Information
`
`Application No
`
`87956166
`
`Publication date
`
`11/27/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`01/15/2019
`
`Opposition Peri-
`od Ends
`
`01/26/2019
`
`Yiwu DanYu Trading Co. LTD.
`Unit 5,Building 165,Houfu Xiaoqu
`Qingxi New Village,Beiyuan Street
`Yiwu,Zhejiang, 322000
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2017/10/20 First Use In Commerce: 2017/11/15
`All goods and services in the class are opposed, namely: Bathing suits; Bathing trunks; Body suits;
`Clothing, namely, folk costumes; Gloves as clothing; Hats; Hosiery; Shawls; Ski boots; Sports shoes;
`Swimming caps
`
`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
`No.
`
`3777929
`
`Application Date
`
`09/10/2009
`
`

`

`Registration Date
`
`04/20/2010
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 2006/12/00 First Use In Commerce: 2006/12/00
`Messenger bags; Tote bags; Wristlet bags
`
`U.S. Registration
`No.
`
`3712050
`
`Registration Date
`
`11/17/2009
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`05/07/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 2003/09/15 First Use In Commerce: 2003/09/15
`All purpose sport bags; All-purpose athletic bags; Athletic bags; Bags for sports;
`Daypacks; Golf umbrellas; Hiking bags; Shoe bags for travel; Umbrellas
`
`Application Date
`
`11/26/2003
`
`Foreign Priority
`Date
`
`NONE
`
`U.S. Registration
`No.
`
`3174498
`
`Registration Date
`
`11/21/2006
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Description of
`Mark
`
`NONE
`
`Goods/Services
`
`Class 018. First use: First Use: 2003/09/15 First Use In Commerce: 2003/09/15
`
`

`

`SPORT BAGS, TRAVEL BAGS, DUFFEL BAGS, BACKPACKS, SACK PACS
`
`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.
`
`2279668
`
`Registration Date
`
`09/21/1999
`
`Word Mark
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`08/13/1996
`
`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.
`
`3081173
`
`Registration Date
`
`04/18/2006
`
`Word Mark
`
`Design Mark
`
`UA UNDER ARMOUR
`
`Application Date
`
`11/26/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter 'U' and a stylized letter 'A' above the words
`UNDER ARMOUR.
`
`Class 009. First use: First Use: 2004/07/12 First Use In Commerce: 2004/07/12
`[ (( Chin strap pads for use with protective helmets )) ]
`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 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.
`
`2991124
`
`Registration Date
`
`09/06/2005
`
`Word Mark
`
`UA UNDER ARMOUR
`
`Application Date
`
`11/26/2003
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "U" and a stylized letter "A" above the
`words UNDER ARMOUR.
`
`Class 018. First use: First Use: 2003/10/07 First Use In Commerce: 2003/10/07
`SPORT BAGS, TRAVEL BAGS, DUFFEL BAGS, BACKPACKS, SACK PACS [,
`AND RESERVOIR BACKPACKS ]
`
`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.
`
`3178549
`
`Registration Date
`
`11/28/2006
`
`Word Mark
`
`UNDER ARMOUR
`
`Application Date
`
`07/20/2005
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`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.
`
`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
`
`Design Mark
`
`UNDER ARMOUR
`
`Application Date
`
`05/11/2009
`
`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
`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.
`
`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.
`
`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.
`
`4225998
`
`Registration Date
`
`10/16/2012
`
`Word Mark
`
`UNDER ARMOUR
`
`Application Date
`
`07/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2005/06/00 First Use In Commerce: 2005/06/00
`[ Bandanas; ] Baseball shoes; Basketball sneakers; Beachwear; Bib overalls for
`hunting; [ Bikinis; ] Camouflage gloves;Camouflage jackets; Camouflage pants;
`Camouflage shirts; Camouflage vests; Cleats for attachment to sports shoes;
`Fishing shirts; Football shoes; Golf shorts; Hunting jackets; Hunting pants; Hunt-
`ing shirts; [ Men's dress socks; ] Sneakers;Swimwear; Volleyball jerseys; Yoga
`pants; Yoga shirts
`
`U.S. Registration
`No.
`
`2509632
`
`Registration Date
`
`11/20/2001
`
`Word Mark
`
`Design Mark
`
`UA UNDER ARMOUR
`
`Application Date
`
`11/01/2000
`
`Foreign Priority
`Date
`
`NONE
`
`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.
`
`2954369
`
`Registration Date
`
`05/24/2005
`
`Word Mark
`
`UNDER ARMOUR
`
`Application Date
`
`11/26/2003
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`THE MARK CONSISTS OF THE STYLIZED LETTERS "U" AND "A" AND THE
`WORDS "UNDER ARMOUR".
`
`Class 025. First use: First Use: 1999/12/01 First Use In Commerce: 1999/12/01
`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.
`
`3392904
`
`Registration Date
`
`03/04/2008
`
`Word Mark
`
`Design Mark
`
`ARMOUR
`
`Application Date
`
`05/02/2005
`
`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, shorts, shirts, [ polo shirts, ] pants, [
`jackets, vests ] and gloves
`
`U.S. Registration
`No.
`
`3720012
`
`Registration Date
`
`12/01/2009
`
`Word Mark
`
`ARMOUR
`
`Application Date
`
`09/12/2008
`
`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, hooded sweat shirts, crew neck shirts,
`long sleeve shirts, pullover shirts [, and sweat pants ]
`
`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.
`
`4133248
`
`Registration Date
`
`04/24/2012
`
`Word Mark
`
`ARMOUR
`
`Application Date
`
`07/19/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2010/06/00 First Use In Commerce: 2010/06/00
`Clothing, excluding golf clothing, namely, headwear, hats, caps, baseball caps [,
`beanies ] and bras
`
`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.
`
`3510702
`
`Registration Date
`
`10/07/2008
`
`Word Mark
`
`ARMOUR FLEECE
`
`Application Date
`
`06/12/2007
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`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.
`
`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.
`
`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
`
`4032523
`
`Application Date
`
`07/01/2010
`
`

`

`No.
`
`Registration Date
`
`09/27/2011
`
`Word Mark
`
`Design Mark
`
`ARMOURGRID
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2010/11/01 First Use In Commerce: 2010/11/01
`Jerseys; Pants; [ Shorts; ] Clothing, namely, athletic uniforms
`
`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
`
`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
`
`Attachments
`
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`77731794#TMSN.png( bytes )
`76561991#TMSN.png( bytes )
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`76561990#TMSN.png( bytes )
`
`

`

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`20190115 ua nature armour.pdf(2102207 bytes )
`
`Signature
`
`/Aaron Y. Silverstein/
`
`Name
`
`Date
`
`Aaron Y. Silverstein
`
`01/15/2019
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`UNDER ARMOUR, INC.,
`
`
`Opposer,
`
`
`
`v.
`
`
`YIWU DANYU TRADING CO. LTD.,
`
`
`Applicant.
`
`Opposition No. ___________
`
`Application No.: 87956166
`
`Mark: NATURE ARMOUR
`
`Filing Date: June 11, 2018
`
`
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`NOTICE OF OPPOSITION
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`Opposer Under Armour, Inc. (“Under Armour”) believes that it will be damaged by the registration
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`of Application Serial No. 87956166 for the mark NATURE ARMOUR for “Bathing suits; Bathing trunks;
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`Body suits; Clothing, namely, folk costumes; Gloves as clothing; Hats; Hosiery; Shawls; Ski boots; Sports shoes;
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`Swimming caps” in Class 25.
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`As grounds for its opposition, Under Armour alleges the following, upon actual knowledge with
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`respect to itself and its own acts, and upon information and belief as to other matters:
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`Under Armour, Its Products, and Its Famous Trademarks
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`1.
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`Opposer Under Armour is a Maryland corporation with an address at 1020 Hull Street,
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`Baltimore, Maryland 21230. Under Armour is one of the world’s most successful, popular, and well-known
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`providers of performance apparel, footwear, sporting goods, and accessories. Through Under Armour’s
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`innovative use of advanced engineering and technology, it has revolutionized the performance-product
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`industry. In 2017 alone, Under Armour sold more than $4.5 billion worth of products.
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`2.
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`Since at least as early as 1996, Under Armour has continuously used and promoted the
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`UNDER ARMOUR name/mark for apparel.
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`3.
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`Over the years, Under Armour has expanded to a wide range of other products and services,
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`including but not limited to a full line of clothing, footwear, and headwear; workwear; tactical wear; bags;
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`accessories; and sports equipment. The distinctive UNDER ARMOUR name/mark has been used and
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`promoted across Under Armour’s extensive product line.
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`4.
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`Reflecting its significant growth and expansion over the years, Under Armour owns
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`registrations and/or applications for its UNDER ARMOUR mark covering a wide array of products and
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`services, including products/services in Classes 3, 9, 10, 16, 18, 21, 22, 24, 25, 28, 32, 35, and 41.
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`5.
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`In addition to its UNDER ARMOUR name/mark, Under Armour has extensively used and
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`promoted the ARMOUR mark alone and numerous other ARMOUR-formative marks in connection with its
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`wide range of products and services, including, for example, GAMEDAY ARMOUR, OFFSHORE
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`ARMOUR, ARMOURBLOCK, ARMOUR STRETCH, ARMOURSTORM, ARMOURVENT, ARMOUR
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`FLEECE, ARMOURLOFT, ARMOURGRIP, ARMOURCHILL, ARMOURSIGHT, ARMOURSTEALTH,
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`ARMOUR SELECT, ARMOUR GRABTACK, ARMOUR ELITE, and MY ARMOUR, among others
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`(individually and collectively, the “ARMOUR Marks”). These ARMOUR-formative marks have been used and
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`promoted individually and/or as a family of ARMOUR marks, and consumers have come to associate the
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`ARMOUR portion of the marks with Under Armour.
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`6.
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`Among its products, Under Armour has for years offered a variety of apparel products and
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`related accessories under its ARMOUR Marks, sales of which have been considerable, e.g.:
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`7.
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`Under Armour has sold billions of dollars’ worth of products under the ARMOUR Marks.
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`Under Armour’s products are promoted, offered, and sold nationwide in connection with the ARMOUR Marks
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`through a wide variety of retail means, including but not limited to thousands of retail stores. These retail stores
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`include Under Armour’s own Factory House and Brand House retail stores, as well as national, regional,
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`independent, and specialty retailers such as Academy Sports & Outdoors, Bass Pro Shops, Cabela’s, Foot
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`Locker, Finish Line, Dick’s Sporting Goods, Macy’s, Dunham’s, Modell’s, Hibbett Sports, Nordstrom, and The
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`Army and Air Force Exchange Service.
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`8.
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`Under Armour also promotes and showcases its ARMOUR Marks and products on its own
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`and authorized websites and social media sites, including but not limited to www.underarmour.com,
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`www.facebook.com/underarmour, www.twitter.com/underarmour, among others, as well as through Under
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`Armour’s catalogs and toll-free call center. Further, Under Armour’s ARMOUR Marks and products are
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`advertised and promoted through many of its retailers’ websites, including but not limited to the websites used
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`by Bass Pro Shops, Bloomingdales.com, Cabela’s, City Sports, Dick’s Sporting Goods, Eastbay, Eastern
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`Mountain Sports, Finish Line, Foot Locker, Hibbett Sports, L.L. Bean, Lord & Taylor, Macys.com, Modell’s,
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`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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`9.
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`For years, Under Armour has spent tens of millions of dollars annually advertising and
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`promoting its ARMOUR Marks and products to the general public. Under Armour has widely and extensively
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`promoted its ARMOUR Marks and products through virtually every available type of print and digital media,
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`including but not limited to publications, signage, television, and the Internet.
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`10.
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`Under Armour has run extensive nationwide advertising campaigns that reinforce the
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`ARMOUR mark as a potent shorthand for Under Armour and its vast product offerings, such as THIS IS
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`YOUR ARMOUR, EARN YOUR ARMOUR, ARMOUR UP, and YOUR ARMOUR JUST GOT LIGHTER:
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`11.
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`With respect to publications and signage, Under Armour has advertised and promoted its
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`ARMOUR Marks and products in a wide variety of nationally circulated magazines and newspapers.
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`12.
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`Further, the ARMOUR Marks have been featured on billboards and other signage in various
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`cities, including but not limited to Baltimore, Philadelphia, Los Angeles, and New York City’s Times Square.
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`13.
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`Under Armour has advertised and promoted its ARMOUR Marks and products through
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`television commercials, including a television commercial during the NFL Super Bowl, product placement in
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`popular movies, national television programs, video games, and coverage of sporting events featuring its
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`branded products, among other means.
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`14.
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`Sponsorships, outfitting agreements, and individual athlete agreements represent another
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`significant form of advertising and promotion by Under Armour. Under Armour’s ARMOUR Marks are
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`promoted through high-profile athletes and teams competing at the youth, collegiate, professional, and Olympic
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`levels.
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`15.
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`Since 2006, Under Armour has been an authorized supplier of footwear to the NFL and is
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`currently also the official performance footwear supplier to the MLB and an authorized supplier of gloves to
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`the NFL.
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`16.
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`In addition to its own substantial advertising and promotional activities, Under Armour and
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`its ARMOUR Marks and products have received and continue to receive widespread unsolicited media
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`coverage. Indeed, many of the athletes, teams, and sporting events sponsored by Under Armour appear on
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`nationally broadcast television programs and in widely circulated publications, exposing tens of millions of
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`consumers to the ARMOUR Marks.
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`17.
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`Under Armour has received numerous awards for its commercial success in connection with
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`the development of its innovative and technologically enhanced products. In 2016, Under Armour was awarded
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`the prestigious “Ad of the Year” award by AdWeek for its “Rule Yourself” campaign featuring the 22-time
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`Olympic medalist, Michael Phelps. In 2015, Under Armour ranked #4 (with a brand value of $5 billion) on
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`Forbes’s list of “The World’s Most Valuable Sports Brands.” In 2014, Under Armour received the prestigious
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`“Marketer of the Year” award from Advertising Age magazine. Additionally, Yahoo Finance named Under
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`Armour the 2014 “Company of the Year.”
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`18.
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`As a result of its distinctive nature, and thus inherent strength; widespread advertising,
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`publicity, promotion, and sales; and longstanding and extensive use and recognition, the UNDER ARMOUR
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`mark has been well-known and famous for years.
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`19.
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`In Under Armour, Inc. v. Bode, Opp. No. 91178653 (T.T.A.B. May 21, 2009), the Trademark
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`Trial and Appeal Board of the United States Patent and Trademark Office (PTO) expressly acknowledged the
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`fame of the UNDER ARMOUR mark.
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`20.
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`Under Armour owns, among others, the following valid and subsisting U.S. federal trademark
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`registrations for its UNDER ARMOUR marks for apparel, footwear, accessories, sports equipment, and other
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`products (extracts from the USPTO TESS and TSDR databases, including assignment information are attached
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`as Exhibit A):
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`Mark
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`Reg. No.
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`Reg. Date
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`Goods/Services
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`UNDER ARMOUR
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`3777929
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`April 20, 2010
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`UNDER ARMOUR
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`3712050
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`November 17, 2009
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`UNDER ARMOUR
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`3174498
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`November 21, 2006
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`UNDER ARMOUR
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`3052160
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`January 31, 2006
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`9
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`Messenger bags; Tote bags; Wristlet bags
`in Class 18
`All-purpose sport bags; All-purpose
`athletic bags; Athletic bags; Bags for
`sports; Daypacks; Golf umbrellas; Hiking
`bags; Shoe bags for travel; Umbrellas in
`Class 18
`Sport bags, travel bags, duffel bags,
`backpacks, sack pacs in Class 18
`Chin strap pads for use with protective
`helmets in Class 9
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`Mark
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`Reg. No.
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`Reg. Date
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`Goods/Services
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`Toiletry kits, sold empty in Class 18
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`Sports bottles, sold empty in Class 21
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`Lanyards for holding mouthpieces,
`water bottles, eyeglasses, badges, or
`keys in Class 22
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`Sports towels in Class 24
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`Gloves in Class 25
`Clothing, namely, t-shirts, long sleeve
`shirts, 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, women’s bra in Class 25
`Toiletry kits, sold empty, in Class 18
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`Gloves in Class 25
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`Sport bags, travel bags, duffel bags,
`backpacks, sack pacs in Class 18
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`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 in Class 25
`Athletic footwear in Class 25
`Full line of athletic clothing in
`Class 25
`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; polo shirts; rain jackets; rain
`trousers; rainproof jackets; rainwear;
`running shoes; short-sleeved or long-
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`UNDER ARMOUR
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`2279668
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`September 21, 1999
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`3081173
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`April 18, 2006
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`
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`2991124
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`September 6, 2005
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`UNDER ARMOUR
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`2917039
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`January 11, 2005
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`UNDER ARMOUR
`UNDER ARMOUR
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`UNDER ARMOUR
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`3178549
`3642614
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`3712052
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`November 28, 2006
`June 23, 2009
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`November 17, 2009
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`Mark
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`Reg. No.
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`Reg. Date
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`Goods/Services
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`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
`in Class 25
`Clothing for athletic use, namely, padded
`shirts, padded pants, padded shorts,
`padded elbow compression sleeves in
`Class 25
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`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 in Class
`28
`Retail store services featuring apparel and
`sporting goods in Class 35
`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,
`toiletry bags sold empty, wheeled bags,
`sling bags, umbrellas, towels in Class 351
`Baseball shoes; basketball sneakers;
`beachwear; bib overalls for hunting;
`camouflage gloves; camouflage jackets;
`camouflage pants; camouflage shirts;
`camouflage vests; fishing shirts; football
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`UNDER ARMOUR
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`3700135
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`October 20, 2009
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`UNDER ARMOUR
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`UNDER ARMOUR
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`3375771
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`3638277
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`January 29, 2008
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`June 16, 2009
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`UNDER ARMOUR
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`4225998
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`October 16, 2012
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`1 On June 27, 2017, Under Armour filed a Section 7 amendment in connection with Reg. No. 3638277, requesting the
`deletion of “shoe bags for travel, waist packs, posters; mobile retail store services featuring apparel, footwear, and
`sporting goods.” The Section 7 amendment was approved by the USPTO on September 26, 2017, but only “golf bags”
`was deleted.
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`Mark
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`Reg. No.
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`Reg. Date
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`Goods/Services
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`2509632
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`November 20, 2001
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`2954369
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`May 24, 2005
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`shoes; golf shorts; hunting jackets;
`hunting pants; hunting shirts; sneakers;
`swimwear; volleyball jerseys; yoga pants;
`yoga shirts in Class 252
`Clothing namely; shirts, hats, pants, t-
`shirts, underwear, brassiere and shorts in
`Class 25
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`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 in Class 25
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`21.
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`Under Armour also owns, among others, the following valid and subsisting U.S. trademark
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`registrations for the ARMOUR mark per se and other ARMOUR-formative marks, including for apparel,
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`footwear, accessories, and other products (extracts from the USPTO TESS and TSDR databases, including
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`assignment information are attached as Exhibit B):
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`Mark
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`Reg. No.
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`Reg. Date
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`Products/Services
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`ARMOUR
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`339290