Under Armour Lawsuit against Nike Alleges Infringement

An Under Armour lawsuit against fellow sports apparel giant Nike sees the two companies clashing over using the slogan “I Will”, in advertising campaigns, recent court filings have shown.

Baltimore-based Under Armour filed suit against Nike in late February, with its focus being on advertisements like this one. The ad appears on Nike’s Facebook page and makes use phrases that start with “I will…” to create a sense of determination and desire to improve.

The argument is that Nike’s campaign is too similar to one recently started by Under Armour, which includes commercials like this and uses the simple wording “I Will” to stick in the minds of potential consumers.

Under Armour’s primary concern is that the similar phrasing in the campaign will create confusion for consumers. The company worries that consumers might confuse this as being a collaboration between the companies.

In many ways, the concerns brought about in the Under Armour lawsuit are well founded. Since they and Nike are direct competitors, especially when it comes to offering items like custom polo shirts and other sportswear, they have to fight for every customer and get as many people to associate their brand with athletics as possible.

When a company like Nike uses similar phrasing in its advertising and already has the advantage of being one of the most recognized names around, that can put the other business at a disadvantage.

For reference, Nike’s sales came in at around $24 billion while Under Armour’s came in at close to $2 billion.

 

Under Armour Lawsuit Damage Control

In order to try to an mitigate any damage the similar phrasing in Nike’s campaign might have caused, the Under Armour lawsuit is seeking an injunction to keep their competitor from using the term “I Will” in it’s advertising.

In addition, it wants Nike products bearing the phrase to be destroyed and seeks monetary compensation brought about by any profits from previously sold “I Will” merchandise made by Nike.

The case is still ongoing in Baltimore.