The "ARMOUR" Trademark Showdown

Introduction

"Our similarities bring us to a common ground; our differences allow us to be fascinated by each other" said Tom Robbins remarking on Universe and the need for peaceful coexistence, but little did he realize that similarity either in whole or in part might often breed contempt. In the recent case of UnderArmour Inc v. Anish Agarwal Anr.¹, the Hon'ble Delhi High Court highlights this intrinsic issue and an essential aspect of trademark jurisprudence concerning similarity/deceptive similarity of trademarks and draws attention to the never ending issue concerning the prominent part of a trademark and registration of part of a trademark.

Brief Facts

In the present case, UNDER ARMOUR Inc., (hereinafter referred as Plaintiff) is in the business of manufacturing and selling of apparel/T-shirts. The Plaintiff is the registered proprietor of the mark UNDER ARMOUR, and ARMOUR formative marks such as ARMOURFLEECE, ARMOURBLOCK, etc., under Class 25