SBD/Issue 137/Sponsorships, Advertising & Marketing

Nike's Trademark Dispute With Under Armour; "Freestyle" Case

Nike’s DRI-FIT Name Subject Of Suit

Nike has filed suit in U.S. District Court in OR against Under Armour, "primarily for using Nike's trademark `DRI-FIT' term on Web site addresses linking to Under Armour's homepage," according to Darren Rovell of ESPN.com. The suit claims that Nike has trademarked "DRI-FIT" for use on its products three times over the past decade. Under Armour registered Web sites containing the "DRI-FIT" name in June '01. Nike's complaint reads, "Under Armour is using the domain names to attract and divert Internet users to Under Armour's Web site for Under Armour's commercial gain. On information and belief, Under Armour's use of domain names has been and continues to be made with a bad faith intent to profit from Nike's `DRI-FIT' marks." Nike is asking for preliminary and injunctive relief of the use of the domain names, $100,000 in damages for each of the four Web sites or profits generated from confusion, which would triple under trademark infringement law (ESPN.com, 4/3).

FREESTYLE: The Second Circuit Court of Appeals on Tuesday issued a summary judgment affirming the lower court's decision concluding that Nike did not illegally borrow from Game Over's "Shakin" promo for its "Freestyle" ad. Game Over originally sued Nike in '01 (THE DAILY).

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