Clothing Company Under Armour Brings Meritless Law Suit Against Beverage Company BODYARMOR® SuperDrink™ for Trademark Infringement
NEW YORK- -BODYARMOR® SuperDrink™ yesterday filed an answer with the United States District Court for the District of Maryland in response to a complaint filed by Under Armour that inaccurately and unfairly alleged trademark infringement.
BODYARMOR® SuperDrink’s answer reads in part: “Under Armour's claim against BODYARMOR is without merit. It is nearly impossible that consumers or retailers of either brand would confuse the two. Under Armour and BODYARMOR operate in disparate industries, produce distinctly unrelated products, and share no branding or logo similarities.”
Lance Collins, Founder and CEO of BODYARMOR® SuperDrink™, said, “It came as a surprise that a large multi-national company focused on athletic apparel would use company resources to attack a start-up company in the beverage industry. We registered the BODYARMOR® trademark with the United States Patent & Trademark Office without ever receiving any objection from Under Armour. The fact that Under Armour is just now bringing this suit, more than five years after we applied for our trademark, further demonstrates that their claims are entirely meritless. We’ve even commissioned a scientific consumer perception survey which confirms that our product is not causing consumer confusion.” Collins is the creator of FUZE Beverages and NOS Energy Drink, which was sold to the Coca-Cola Company in 2007.
Michael Repole, Chairman of BODYARMOR® SuperDrink™, said, “We’re fortunate at BODYARMOR SuperDrink to have the financial resources and expertise to fight this ridiculous claim and not back down. Hopefully, this will set a strong example to discourage similar wasteful lawsuits against start-ups posing no threat to larger corporate entities. Under Armour is wasting their time, energy, and financial capital launching a meritless lawsuit against a beverage company, meanwhile taking focus away from their actual apparel competitors. If I were a shareholder of Under Armour, I would have plenty of questions and concerns.” Repole is the co-founder and former President of vitaminwater, which was sold to the Coca-Cola Company in 2007 for $4.1B.
BODYARMOR® SuperDrink™ is a new SuperDrink™ beverage, creator of the SuperDrink beverage category. BODYARMOR® SuperDrink™ contains Superior Nutrition, Superior Hydration, and Superior Taste and is available in 7 exotic flavors.
About BODYARMOR® SuperDrink™:
BODYARMOR® SuperDrink™ is the originator of the SuperDrink™ beverage category is packed with a proprietary blend of nutrients that provide consumers an unparalleled combination of Superior Nutrition, Superior Hydration, and Superior Taste. BODYARMOR® SuperDrink™ is available in 7 delicious fruit and tea blends and was awarded “Best Functional Beverage of 2011” by BevNet.com. BODYARMOR® SuperDrink™ is well positioned to be the leader in the beverage industry. Learn more at www.DrinkBODYARMOR.com.
BODYARMOR SuperDrink is represented in this litigation by David H. Bernstein and Jyotin Hamid of Debevoise & Plimpton LLP.
For BODYARMOR SuperDrink
Fay Sliger, 212-691-2800
Jesse Derris, 212-691-2800