Who Wore The ARMOUR Better?

In a recent judgment, the Delhi High Court refused Under Armour Inc. an injunction but imposed limitations on Anish Agarwal & Anr. (the defendant) for the mark ARMOUR.

In the year 1996, Mr. Kelvin Plank, a 23-year-old football player, founded Under Armour, Inc. ("the Plaintiff"), which is primarily engaged in the business of manufacture, distribution and sale of a variety of goods, including casual apparel, sports apparel and other related products. Mr. Kelvin Plank also founded the mark UNDER ARMOUR and commenced his business in Washington, D.C., which subsequently gained a reputation in America and thereafter worldwide. The founder's unique selling proposition was to make t-shirts using moisture-wicking synthetic fabric to keep athletes cool, dry, and light.