ARTICLE
13 March 2018

Under Armour Has Words Over I WILL And I CAN Trademarks

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Frankfurt Kurnit Klein & Selz
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Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
Earlier this week, Under Armour filed a trademark infringement suit against former college football player Ike Williams.
United States Intellectual Property
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Earlier this week, Under Armour filed a trademark infringement suit against former college football player Ike Williams.  Williams allegedly used the marks I WILL and I WILL ACADEMY for athletic apparel, workout videos and other fitness-type products.  In the suit, Under Armour argues that I WILL is a famous symbol of its brand and values, a "centerpiece of its brand identity."  The company claims that Williams' use of I WILL and I WILL ACADEMY dilutes and damages their brand, will confuse consumers and constitutes trademark infringement, unfair competition and cybersquatting.   

This suit follows on the heels of another, separate dispute between Under Armour and Battle Fashions Inc. over the I WILL trademark, among others.  Under Armour filed a declaratory judgement action after allegedly receiving multiple cease and desist demands from Battle.  Battle allegedly claimed that Under Armour's use of "I Can Do All Things" on a line of apparel associated with Steph Curry, and "I Can. I Will" on various clothing items infringed Battle's trademark registration of ICAN for clothing.  In the complaint, Under Armour argues that it was using "I Can" as part of "formative and descriptive phrases, such as "I Can Do All Things," that the use was a fair use, that numerous third parties use similar descriptive phrases that begin with "I Can," and that confusion was unlikely."

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ARTICLE
13 March 2018

Under Armour Has Words Over I WILL And I CAN Trademarks

United States Intellectual Property
Contributor
Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
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