Under Armour is suing a Weston company that sells butt protection gear, claiming the Florida company's "Protect Your Assets" and "Ass Armor" trademark applications infringe upon its own trademarks of "Protect This House" and "Under Armour."
Casey Scherr, owner of the company Casey Taryn, developed the Ass Armour shock-absorbing athletic shorts that are designed to protect the tailbone in 2013, after he fell a lot during a snowboarding trip. Now Scherr is faced with a lawsuit by the Baltimore athletic apparel maker that claims his brand is too similar in name and tag line and could potentially confuse some consumers.
Under Armour included a list of 14 demands that might have Ass Armor needing to use its own products. Under Armour asks for the court to order Ass Armor to destroy all products, packaging, signage, advertisements, and other materials containing the "Ass Armor" or "Protect Your Assets" marks. Under Armour further requested the court order Ass Armor to transfer its web domain name, assarmor.com, to Under Armor. It also asks the courts to force Ass Armor to pay Under Armour any profits it received from the sale of its shorts, as well as damages and litigation fees.
Under Armour says the Florida company uses similar lettering style and places the Ass Armor name along the shorts' waistband, similar to how Under Armour does. "Making matters worse, similar to Under Armour's well-known and widely promoted Protect This House tag line mark, defendants use, advertise, and promote their Ass Armor mark, name, and products… in connection with the Protect Your Assets tag line," says the lawsuit. In addition, in the lawsuit, Under Armour states the Ass Armor name falsely suggests a connection and/or sponsorship deal between Ass Armor and Under Armour.
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Under Armour filed its lawsuit in Maryland in January; then Ass Armor filed its own suit in Florida. On May 7, U.S. District Judge Marcia Cooke ruled that there will be a stay in the federal Florida case until resolution of the Maryland lawsuit.
Scherr has said, "We believe this is a classic David and Goliath battle. As David, we intend to fight."
Ass Armor shorts are available for $89.99.