Bodyarmor SuperDrink has filed an answer with the US District Court for the District of Maryland in response to a complaint filed by Under Armour that 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 US 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.”
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