Can “the” competitor’s shout-out to your brand constitute trademark infringement?

A trademark owner must protect its brand by stopping confusingly similar uses of its trademark whenever possible.  Nike and Under Armour are direct competitors so confusion among sportswear buyers confronted with a knock-off brand is likely. Or, maybe the consumers enjoy the grudge match and aren’t confused. But ignore the threat at your peril. E.Scott Johnson was quoted in the Maryalnd Daily Record: “It’s sort of a clever usage, a derivation, but nevertheless it’s a usage…and if you ignore it when it’s in your face like this, it’s almost like acceptance. It’s kind of a waiver of your trademark rights.” The results of the consumer survey could be intersting. Read more here.

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