Los Angeles, Calif. — Trademark lawyers for Gravity Defyer Corporation of Pacoima, Calif. sued Under Armour, Inc. of Baltimore, Md., sixteen retailers and nine “Doe” defendants alleging infringement of the trademarked “G Defy,” Registration No. 3,749,223, which is registered with the U.S. Trademark Office.

Gravity Defyer has been engaged in the business of manufacturing and selling specialty shoes in the U.S. and elsewhere since 2006, primarily online and through catalogs. The patent-pending shoes and related products are sold under the mark “G DEFY®.”  Recently, Gravity Defyer became aware of Under Armour’s use of “G Defy” in the U.S. and elsewhere for similar specialty shoes.  

Under Armour, Inc. and nine unidentified “Does” were listed as defendants in the original trademark-infringement complaint.  Gravity Defyer recently amended its complaint, adding Finish Line, Inc. of Indianapolis, Ind., Foot Locker, Inc. of New York, N.Y., Nordstrom, Inc. of Seattle, Wash., Dick’s Sporting Goods, Inc. of Albany, N.Y., Champs Sports, Inc. of Tarrytown, N.Y., Sport Chalet, Inc.

of La Canada, Calif., Amazon.com, Inc. of Turnwater, Wash., Zappos IP, Inc. of Henderson, Nev., Backcountry.com, Inc. of Park City, Utah, Rogan’s Shoes, Inc. of Racine, Wis., Road Runner Sports Retail, Inc. of San Diego, Calif., MonkeySports, Inc. of Corona, Calif., Holabird Sports, LLC of Baltimore, Md., Eastbay, Inc. of Madison, Wis., and Dodd Shoe Company, Inc. of Laramie, Wyo.

Under Armour uses the mark “Micro G Defy” on shoes.  In the complaint, Gravity Defyer alleges that Under Armour’s use of the G Defy mark as part of “Micro G Defy,” particularly for shoes having similar features, is likely to cause confusion, mistake or deception.  Gravity Defyer alleges that those encountering defendants’ products may mistakenly assume, at least initially, that Under Armour products are in some way connected with Gravity Defyer.

Gravity Defyer further asserts that, as a result of the care and skill it has exercised in the conduct of its business, the high quality of its products offered under its marks, and the long-running advertising, sale and promotion of Gravity Defyer’s products bearing the marks, the marks have acquired secondary meaning.  It also contends that Under Armour infringed purposely and with the wrongful intent of trading upon Gravity Defyer’s goodwill. 

The complaint lists two counts, each against all defendants: trademark infringement under federal law and unfair competition under California law.  It asks for a preliminary and permanent injunction; for a finding that this is an exceptional case; for damages, including enhanced damages; and for costs and expenses.  Gravity Defyer has demanded a jury trial.

Practice Tip: Under Armour is no stranger to trademark infringement suits.  In 2012, it sued BodyArmor, a maker of sports drinks, alleging that BodyArmor’s name and logo infringed upon Under Armour’s trademarks.  In February 2013, it sued Nike alleging trademark infringement of Under Armour’s advertising phrase “I will.” 

 

This case has been assigned to The Honorable Judge John A. Kronstadt and Magistrate Judge Jay C. Gandhi in the US Central District of California, and assigned Case No. 2:13-cv-01842-JAK-JCG.

Gravity Defyer v Finish Line – 1stAmendComplaint

Gravity Defyer Corporation v. Under Armour Inc et al

Filed: March 14, 2013 as 2:2013cv01842 Updated: April 14, 2013 00:22:21

Plaintiff: Gravity Defyer Corporation

Defendants: Amazon.com Inc, BackCountry.Com, Inc., Champs Sports Inc, Dick’s Sporting Goods Inc, Dodds Shoe Company Inc and others

Court: Ninth Circuit > California > Central District Court

Type: Intellectual Property > Trademark