Gravity Defyer Corporation announced that it has filed a lawsuit in the United States District Court for the Central District of California against Under Armour Inc. et al seeking to prevent Under Armour and its advertising partners from
allegedly infringing upon Gravity Defyer Corporations registered G Defy
The case is: Gravity Defyer Corporation v. Under Armour Inc et al, Case Number:2:13-cv-01842-JAK-JCG),
Gravity Defyer Corporations original filing for the trademark dates to July 2, 2009. The G Defy trademark has been used to distinguish the companys Pro-Sport line of shock absorbing footwear from its Gravity Defyer casual and dress lines that feature the same shock absorbing sole technology. Since 2006, Gravity Defyer has published extensively using the trademarked name in magazine, catalog, tv, radio and internet advertising. Gravity Defyer, has been shipping G Defy Pro Line products since mid 2009 and has expanded the G Defy family with additional products including those featuring the Versoshock I, Versoshock® II and VS2W Versoshock soles.
Gravity Defyer Corporation alleges that Under Armour has intentionally created a sound-alike product name in order to mislead consumers and substitute its product for that sought by consumers through search engines and in various online and social media outlets.
Gravity Defyer has grown through providing a unique footwear solution that absorbs the harmful shock that may cause pain in your feet, knees, hips and back. Under Armour has become famous by providing superior fitness apparel, said Paul Colemen, senior vice president and CFO, Gravity Defyer. Our brand identities are a reflection of the promises we make to consumers every day. Trademarks are an extension of that promise.
With its lawsuit, Gravity Defyer is seeking injunctive relief to prevent Under Armour® from copying Gravity Defyer® Corporation’s G Defy trademark.
Under Armour has not yet responded to the lawsuit.