Under Armour Demands Tiny Clothier 'Armor And Glory' Change Name Or Face Legal Siege
from the armor-all dept
Under Armour, the clothing brand built on the idea that my belly fat should be clung to by a shirt while I shoot hoops in my backyard, has built up quite a reputation for itself as a trademark bully. To go along with the fun story of its battle against Ass Armor, Under Armour is notorious for trademarking roughly all the things when it comes to sportswear and equipment, and has always had a liberal idea of just how much control the law allows it to have over the use of the word “armor.” Most times, very little public attention is whipped up. But now they’re picking a fight with God.
In 2013, a Bible-quoting high school football champ named Terrance Jackson, upset that most of the clothing options for his 3-year-old son were covered in skulls and crossbones, decided to start his own “inspirational apparel” company with a scripture-inspired name, Armor & Glory. It recently received some major attention from America’s second-biggest sportswear empire, Under Armour, which demanded the small Maryland company change its name or face all-out legal war.
“It’s trademark bullying at its finest. I’m the little kid in the group and they’re trying to kick dirt on my new shoes,” said Jackson, 37, who said the name came to him one morning, from “the full armor of God” cited in Ephesians 6:11. “When God gave this [name] to me, I never thought once about those guys. We don’t even spell it like them.”
Indeed, much as Ass Armor did, Armor & Glory’s name doesn’t include the “u,” unlike Under Armour. Which is only a minor point, actually, because the chief test here is customer confusion and brand identity, and it takes a more imaginative mind than mine to think up exactly how a company selling a few hundred shirts is going to be mistaken for the clothing company currently chasing Nike for the sportswear crown. More troubling still is the nature of Under Armour’s request. The company’s legal representation requested not only that all of Armor & Glory’s inventory be destroyed, but that it would also have to hand over its domain, profits, and $100k in damages and attorneys’ fees.
That would equate to about every last dollar the company has ever made, since its 2013 inception. More interesting, for me at least, is that the company’s core audience is Christian athletes wearing the gear in part due to the Christianity-inspired names and slogans. Lawyers for Under Armour have gone so far as to state that if Armor & Glory refuses to cease using the bible-inspired name, the result will be “an expensive and time-consuming legal battle.” A more bullying statement is difficult to compose. But Jackson, thus far at least, isn’t backing down. Why, you ask?
Ed Tomlin, Jackson’s partner and a former director of football development for Under Armour (who says he left on good terms), says “it’s a matter of principle and a matter of faith.” The name, he added, “was inspired by God. … To turn our backs now would be like we were being disobedient.”
How about that for a fun First Amendment test? If anything can whip up public support in a David v. Goliath legal battle, it’s the injection of some honest to goodness bible-thumping. In fact, Armor & Glory has reportedly increased sales and brand-awareness due to the threat from Under Armour, making it all the more silly for the larger company to have engaged in this silly bit of bullying to begin with.