On August 1, 2016, Under Armour, the $15 billion company that was ranked fourth on Forbes Most Valuable Sports Brands in 2015, filed a trademark infringement suit in the U.S. District Court for the Southern District of Florida against Miami-based S&O Innovations, LLC, the creators behind Puppy Armour athletic wear for dogs.
According to the complaint, Under Armour alleges it suffered damages to its business as a result of S&O Innovations’ unlawful use of its trademark. Under Armour alleges there will be a likelihood of confusion among consumers, leading them to believe that S&O’s products are manufactured or affiliated with the Under Armour brand. “Not only have defendants misappropriated Under Armour’s valuable Armour marks, they have even slavishly copied the very font used,” the complaint said.
Silvio Schillen, owner of S&O Innovations, LLC, stated “For almost five years Under Armour wanted our name, and as usual they exhausted our means of defense. We decided to drop the name Puppy Armour, which was a blessing in disguise. It made us rethink our brand.”
In 2011, Schillen created the brand Puppy Armour for his dog, noticing the dog’s sensitivity to the changes in temperature. Puppy Armour was marketed as the first athletic clothing line for dogs. He touted the clothing line as “the answer to your dog’s prayers,” selling short-sleeved T-shirts and tank tops for dogs.
The sports giant first caught wind of Puppy Armour when S&O registered their domain name PuppyArmour.com and when they trademarked “PUPPY ARMOUR”. Under Armour petitioned the United States Patent and Trademark Office (USPTO) and succeeded in canceling Puppy Armour’s registration.
Under Armour has requested a trial by jury and seeks a permanent injunction against Puppy Armour, ordering them to destroy all infringing materials that display Under Armour’s mark. Under Armour also wants Puppy Armour to transfer a number of domain names to Under Armour; award Under Armour $100,000 in statutory damages including trebled damages, punitive damages, and all legal fees; and provide any other relief the courts deem appropriate.
Schillen said Puppy Armour has rebranded the product line and now operate as Puppy Athletic Wear.