Under Armour successfully defeated a motion for preliminary injunction in an infringement case brought by Healthbox Global Partners ("Healthbox"). Healthbox provides consulting and incubation services, and funding for businesses in the healthcare industry, including wellness and fitness companies. Healthbox owns a federal trademark registration for the HEALTHBOX mark.
Under Armour started using the mark UA HEALTHBOX for a suite of electronic fitness devices sold together in a box. Healthbox filed suit against Under Armour, alleging trademark infringement, unfair competition and state law dilution. The Court denied Healthbox's motion for a preliminary injunction, finding that although the marks are somewhat similar, Under Armour always ties HEALTHBOX to its house mark, either UA or , and the products and services at issue do not directly compete. The Court also found that Healthbox did not meet its burden to show that there is some mental association between the marks, and thus, was not likely to prevail on its dilution claim.
Healthbox Global Partners LLC v. Under Armour Inc., Case No. 1:16-cv-00146 (D.C. Del. July 22, 2016).