Baltimore-based Under Armour Inc. is accusing Beverly Hills sports drink maker Body Armor Nutrition LLC of trademark infringement for using a brand name and logo that confuses consumers, according to a lawsuit filed in federal court.
The sports apparel maker filed the case in U.S. District Court in Baltimore on April 26, seeking an injunction banning the California company from using the name Body Armor, a logo that resembles Under Armour's interlocking U and A, or the tagline Protect + Restore, which Under Armour says is similar to its tagline, Protect This House.
Under Armour, which had $1.4 billion in sales last year and spends more than $100 million annually on marketing and promotion, said it has sold branded bottled water since 2005 and owns pending applications for carbonated waters, energy drinks and other beverages.
The California company "is intentionally marketing and selling water-based beverages in such a way that consumers are likely to mistakenly believe that those beverages come from Under Armour," the lawsuit says.
The lawsuit also asks the court to order Body Armor to pay $100,000 in damages and to destroy all products, packaging and promotional materials bearing the Body Armor name or logo.