Gravity Defyer Corporation filed a lawsuit against Under Armour Inc. over the alleged infringement of its G Defy trademark.
The suit, filed in the Central District of California, claims Gravity Defyer secured the G Defy trademark in July 2009. The name is used distinguish the companys Pro-Sport line of shock absorbing footwear from its Gravity Defyer casual and dress lines that feature the same sole technology. Since 2006, the trademarked name has been used in magazine, catalog, TV, radio and Internet advertising. The G Defy Pro Line first began shipping in mid-2009 and has expanded 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-its Micro G Defy running shoe-in order to mislead consumers. The company also claimed UA sought to capitalize on web searches for the G Defy range of products that would up coming up with Under Armours new shoe. Gravity Defyer is seeking to prevent Under Armour from using the trademarks.
Under Armour introduced the Micro G Defy running footwear line last fall featuring its Micro G foam midsole. With its focus on its Spine collection, the Defy model is no longer available on its website and not widely sold elsewhere. Under Armour has not responded to the lawsuit.
