In 2013, snowboarder Casey Scherr (“Scherr”) created a line of shock-absorbing athletic shorts designed to protect the tailbone, branding the line “Ass Armor.” Recently, Scherr’s company filed a trademark application for the ASS ARMOR mark, which apparently is causing pain in Under Armour’s backside. The $3 billion athletic apparel maker has responded by filing a trademark infringement lawsuit alleging the two marks are likely to cause confusion in the marketplace.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.