MIAMI – A Miami limited liability company is accused of promoting clothing for dogs using the same name as a sportswear manufacturer's product.
Under Armour Inc. filed a complaint on Aug. 1 in the U.S. District Court for the Southern District of Florida against S&O Innovations LLC and Silvio Schillen alleging trademark infringement.
According to the complaint, the plaintiff alleges that it suffered damages to its business as the result of its trademark being used without its authority. The plaintiff holds S&O Innovations LLC responsible because the defendants allegedly used the Puppy Armour mark and same font that Under Armour uses, which the plaintiff alleges is likely to cause confusion among consumers believing the defendants' products are manufactured by the plaintiff.
The plaintiff requests a trial by jury and seeks permanent injunction enjoining the defendants, order the defendants to destroy all infringing materials that bear plaintiff's mark, transfer all domain names used by the defendant to plaintiff, award plaintiff all profits and damages, statutory damages in the amount of $100,000, trebling damages, punitive damages, all legal fees and any other relief as the court deems just.
It is represented by Jason S. Oletsky and Enjoliqué D. Aytch of Akerman LLP in Fort Lauderdale and Douglas A. Rettew, Danny M. Awdeh and Anna B. Naydonov of Finnegan, Henderson, Farabow, Garrett & Dunner LLP in Washington. D.C.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-61843-DPG