Trademark infringement lawsuit with Under Armour and Nike settled

An amicable settlement has been reached between ‘Under Armour’ and ‘Nike Inc.’ over a trademark infringement lawsuit in which the Baltimore-based sports apparel brand accused its competitor of illegally using versions of its “I Will” slogan.

Under Armour, in a statement on Tuesday, said, “The litigation has been resolved on a confidential and mutually agreeable basis.”  Nike spokeswoman Mary Remuzzi also issued the same statement, but refused to given any further comment.

As a result of the settlement on Monday, Judge Ellen L. Hollander dismissed the complaint filed on February 21 last year.  No terms or conditions of the settlement have been disclosed as of yet. A settlement conference was scheduled for Tuesday morning.  Under Armour had sought to stop Nike from using the phrase “I Will” and asked for punitive damages.

Under Armour has said that the phrase “I WILL” trademark is federally registered and is considered to be one of the “cornerstone symbols” of the company.  They also said that they are committed to protect the slogan, which they have advertised on TV and billboards in connection with hundreds of products.

Nike on the other hand had denied infringing on a trademark.  Nike said in a response in April 2013 that, “The phrase “I Will” alone and in combination with other words is and has been in common use by others, including in connection with athletic apparel and products, and accordingly, is at best a weak and diluted phrase.”  The sports brand giant also asserted that it has been using print campaign that used that phrase “I will” to describe accomplishments to motivate athletes for decades and before Under Armour existed.

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