Start-Up Drink Company Sued By Under Armour For Trademark Infringement

By Joseph Mandour on July 18, 2012

lime-thumb-200x131-45410San Diego – In a battle worthy of any David versus Goliath story, the makers of Bodyarmor SuperDrink, are being sued by popular sports apparel company Under Armour. The lawsuit, filed in United States District Court for the District of Maryland, alleges that the name of the new beverage line by Bodyarmor is confusingly similar to the Under Armour trademarks.

In response to the lawsuit, the drink manufacturer filed its answer to the claim last week. Bodyarmor SuperDrink chairman Michael Repole claims that his company has the resources and expertise to fight the lawsuit against Under Armour to the fullest extent possible. Repole also hopes that Bodyarmor can set a positive example for small companies that are harassed by larger companies hoping to bully competitors into submission. In further response to the lawsuit, Bodyarmor commissioned a scientific consumer perception survey to conclusively demonstrate that its products in no way cause confusion with consumers.

According to Lance Collins, founder and CEO of Bodyarmor SuperDrink, the trademark infringement lawsuit by Under Armour came as a surprise. Bodyarmor registered its trademark with the United States Patent and Trademark Office with no objection from Under Armour. Then, almost five years after the trademark application was filed, Under Armour decided to pursue a lawsuit to alleging that Bodyarmor’s new products cause confusion with Under Armour’s trademarks. He argues that the products manufactured by both companies are distinctly unrelated and share no branding similarities. As such, representatives for Bodyarmor claim that the company is baffled as to why a large multi-national corporation would decided to pursue such a meritless lawsuit against a small start-up company with a distinctly different product specialty.

Lance Collins created FUZE Beverages and NOS Energy Drink. Both were sold to Coca-Cola in 2007. Michael Repole is the co-founder and former president of Vitaminwater, which was also sold to Coca-Cola in 2007. Their new product Bodyarmor Superdrink, is a proprietary blend of nutrients that allegedly contains superior nutrition, excellent hydration and delicious taste. The energy drink comes in 7 fruit and tea flavors and was voted Best Functional Beverage of 2011 by BevNet.com.

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