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Gravity Defyer shoe company settles trademark infringement lawsuit against Under Armour

The shoe wall at Under Armour's Broadway store in New York's SoHo.
The shoe wall at Under Armour's Broadway store in New York's SoHo. (Marion Curtis / Baltimore Sun)

A California shoe company that accused Under Armour of trademark infringement settled its lawsuit after five days before a federal court jury.

Gravity Defyer Corp., which makes shock-absorbing athletic footwear using the G Defy trademark, said in a March 2013 complaint that Under Armour intentionally created its "Micro G Defy" women's running shoe with a sound-alike name that would mislead consumers using search engines and shopping online.

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Retailers that sell Under Armour shoes, including Finish Line, Foot Locker, Dick's Sporting Goods and Champs Sports, also were named in Gravity Defyer's lawsuit, filed in U.S. District Court in Los Angeles.

Terms of the settlement, reached Oct. 7, were not disclosed.  A lawsuit dismissal hearing is set for Nov. 24.

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The footwear company, which said it filed for the G Defy trademark in July 2009, said it uses the name to distinguish its pro-sport line of shoes from casual and dress lines and said it has long advertised the name in magazines, catalogs, TV, radio and on the Internet.

Under Armour said it uses the Micro G trademark for the foam in some of its running shoes, but denied Gravity Devyer's trademark infringement allegations.

In a counter-claim, Under Armour accused its competitor of unlawful use of the G Defy trademark as well as using misleading statements in advertising the products.

lorraine.mirabella@baltsun.com

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