The Battle of the Brands: Under Armour vs. Anish Agarwal
A Clash Over “Armour”
In the bustling halls of the Delhi High Court, a high-stakes legal duel unfolded between global sportswear giant Under Armour and Indian entrepreneur Anish Agarwal. The bone of contention? The use of the word “ARMOUR” in Agarwal’s brand, Aero Armour. Under Armour, armed with its arsenal of registered trademarks, accused Agarwal of riding on its hard-earned reputation. The court’s decision would hinge on whether Aero Armour was a clever play on aviation themes or a sly attempt to confuse consumers.
The Players and Their Claims
Under Armour, founded in 1996 by Kevin Plank, is a household name in sportswear, with a presence in India since 2017. The company argued that its trademarks—UNDER ARMOUR, UA, and other ARMOUR-formative marks—were globally recognized, including in India. It accused Agarwal’s company of infringing these marks by using Aero Armour and Aero ARMR on apparel, claiming the similarity would mislead customers.
Anish Agarwal, however, painted a different picture. His brand, he said, was inspired by his background as an aeronautical pilot and celebrated military themes. The word Aero came from “aeronautics,” and Armour evoked the protective gear of warriors. He argued that his designs—featuring combat aircraft and patriotic slogans—distinguished his products from Under Armour’s sporty vibe.
The Legal Chessboard
The case revolved around Section 29 of the Trade Marks Act, 1999, which protects registered trademarks from deceptive similarities. Under Armour’s key argument was that Aero Armour was phonetically and visually close to its mark, risking consumer confusion. Agarwal countered that Under Armour didn’t own the standalone word “ARMOUR” in India and that his brand’s military theme set it apart.
The court had to answer:
- Was Aero Armour deceptively similar to Under Armour?
- Did Agarwal’s use of the mark infringe Under Armour’s rights?
- Could the military-themed designs negate the similarity?
The Court’s Verdict: A Win for Under Armour
The Delhi High Court’s Division Bench, comprising Justices Vibhu Bakhru and Sachin Datta, overturned the earlier decision that had denied Under Armour an injunction. Here’s why:
1. The “Anti-Dissection” Rule and Dominant Similarity
The court rejected the idea that “ARMOUR” could be ignored when comparing the marks. Even though Under Armour didn’t own “ARMOUR” alone in India, the word was a dominant part of its brand. The judges emphasized that trademarks must be compared as a whole, not dissected. Aero Armour and Under Armour shared a striking resemblance in structure and sound.
2. Initial Interest Confusion: The “Transient Wonderment” Test
The court agreed that even a fleeting moment of confusion mattered. If a customer saw Aero Armour and briefly wondered if it was linked to Under Armour, that was enough to constitute infringement. The judges cited global precedents, including a U.S. case where a piano brand (Grotrian-Steinweg) was barred from using a name similar to Steinway & Sons, even though buyers eventually realized the difference.
3. Dishonest Adoption?
The court noted Agarwal’s use of ARMR—a shorthand Under Armour also used—and the placement of Aero Armour on sleeves, mirroring Under Armour’s style. This, coupled with the phonetic similarity, suggested Agarwal wasn’t entirely innocent in his branding choices.
4. Same Market, Same Problems
The judges dismissed Agarwal’s claim that his “casual wear” and military themes placed him in a different market. Both brands sold T-shirts, hoodies, and caps under Class 25 of the trademark classification. Online searches for “armour clothes” showed both brands side by side, increasing the risk of confusion.
The Final Blow: Injunction Granted
The court ruled in Under Armour’s favor, restraining Agarwal from using Aero Armour or any mark deceptively similar to Under Armour until the suit’s final resolution. The decision underscored that even a strong, distinctive mark like Under Armour could be diluted by a newcomer edging too close.
Final word
This case serves as a cautionary tale for brands: adopting a name even vaguely similar to a well-known mark can land you in legal hot water. For Under Armour, it was a victory in safeguarding its brand identity. For Anish Agarwal, it was a reminder that inspiration must not cross into imitation.
The battle of the Armours may be over in court, but its lessons will echo in boardrooms and branding meetings for years to come.
About the Author
Neeraj Gogia is a seasoned litigation expert with comprehensive experience handling diverse cases before the Delhi High Court. His practice spans commercial litigation, criminal matters, and divorce cases. He provides effective representation across all types of litigation in Delhi’s judicial landscape. Contact: 9891800100.
This article is intended for informational purposes only and does not constitute legal advice.
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