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Under Armour trademark lawsuit to move forward

Golden State Warriors' Stephen Curry poses for photos during NBA basketball team media day Friday, Sept. 22, 2017, in Oakland, Calif. (AP Photo/Marcio Jose Sanchez)

Golden State Warriors’ Stephen Curry poses for photos during NBA basketball team media day Friday, Sept. 22, 2017, in Oakland, Calif. (AP Photo/Marcio Jose Sanchez)

Under Armour’s trademark lawsuit against a North Carolina-based apparel company can move forward after a Maryland judge denied the defendants’ motion to dismiss.

Battle Fashions Inc. and owner Kelsey Battle asked the court to dismiss the lawsuit for lack of jurisdiction in February. In turn, Under Armour argued Battle had interfered with its business in Maryland by sending cease-and-desist letters to Stephen Curry, his agent and the Baltimore company’s advertising agency.

“Accordingly, Battle’s actions went further than merely informing Under Armour of its assertion of its rights but rather allegedly took steps to interfere with Under Armour’s business in Maryland,” Judge Richard D. Bennett wrote Tuesday in ruling a Maryland court have jurisdiction over Battle.

The feud between Battle and Under Armour stems from the apparel and footwear giant’s “I Can Do All Things” and “I Can. I Will.” ad campaigns. Battle Fashions has claimed it has had a valid trademark for “ICAN” for 20 years.

Under Armour uses the slogan “I Can Do All Things” as part of its product line with NBA star Stephen Curry, one of the brand’s most high-profile endorsers. The slogan is derived from Curry’s favorite Bible verse, “I can do all things through Christ who strengthens me,” the lawsuit states, which was filed in U.S. District Court in Baltimore last year.

The case is Under Armour, Inc. v. Battle Fashions, Inc. et al., Case No. 1:17-cv-03223-RDB.


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