Under Armour sued Sketchers USA for copying the look and feel of Under Armour “Protect This House” ad campaign with a “”Protect this house. I will” campaign.
The suit, filed in U.S. District Court in Baltimore, claims Skechers' sports circuit training commercial “slavishly copies” Under Armour’s “highly promoted, successful, and recognized” ads. Under Armour alleged the Skechers commercial “consists of similarly lit, close-up images shown in rapid succession, of athletes in cavernous warehouses and gymnasiums (amid gritty surroundings consisting of cracked concrete and worn and/or peeling paint) taking on rigorous physical workouts, such as climbing a pegboard, whipping heavy ropes, boxing, and jumping hurdles.”
Under Armour also alleged the commercial uses a similar soundtrack.
The “Protect This House” campaign was launched by Under Armour five years ago. Under Armour said it tried unsuccessfully to resolve the matter without litigation after discovering the infringement in October 2014.
Under Armour is seeking to halt the Skechers commercials as well as unspecified damages and any profits received from the ad. Skechers said it doesn't comment on pending litigation.
In February 2014, Under Armour and Nike settled a trademark infringement lawsuit over the “I Will” phrase. Under Armour said Nike used slogans in social media ads that began with “I will,” such as “I will finish what I started,” and “I will sweat while they sleep.”
Prior to the settlement, Nike denied the infringement in court papers, asserting the “I Will” mark “is not famous” and “has not acquired distinctiveness or secondary meaning associated with Under Armour.”