Under Armour Inc., incorporated under United States law with its registered office in Baltimore, Maryland, was founded in 1996 by Kevin Plank. The company manufactures and distributes sports apparel, footwear, and related products globally. Under Armour officially entered the Indian market in 2017 via Amazon Fashion and established its first retail store in New Delhi in 2019.
It holds numerous trademark registrations in India for marks including ‘UNDER ARMOUR’, ‘UA’, and various ‘ARMOUR’ formative marks across multiple classes, particularly Class 25 covering clothing, footwear and headgear. Under Armour told the Court that it has used ‘ARMOUR’ and formative marks for over two decades and claimed significant global recognition and reputation.
It accused an Indian company engaged in manufacturing and distributing clothing and footwear under the ‘AERO ARMOUR’ mark of trademark infringement. Under Amour (appellant) sued both the Indian company and its director and promoter, Anish Agarwal (respondents) before the High Court.
The respondents operated a website at www.aeroarmour.store and had applied for registration of the ‘AERO ARMOUR’ under Class 25, which was advertised in the Trademarks Journal on June 27, 2022.
Under Armour initiated opposition proceedings against the ‘AERO ARMOUR’ application and filed a suit for trademark infringement, passing off, and copyright infringement. The company sought an interim injunction restraining the respondents from using ‘AERO ARMOUR’, ‘AERO ARMR’ and similar marks.
However, a single judge of the High Court disposed of the application with limited restrictions rather than granting the injunction. This was challenged by Under Armour before the division bench of the High Court.
The respondents defended their mark, claiming inspiration from aviation (Anish Agarwal/ respondent no. 1 being an aeronautical pilot) and military themes, arguing their products cater to different markets with patriotic and defence-related designs distinct from Under Armour’s sporting goods.
