comparing and discussing two recent Maryland trademark lawsuits.

First, consider the lawsuit Under Armour brought against Armor & Glory described in this article.

Harwell, D. (2015, August 19). Under Armour is suing pretty much every company using the name ‘Armor.’ The Washington Post.

https://www.washingtonpost.com/news/business/wp/2015/08/19/under-armour-is-suing-pretty-much-every-company-using-the-name-armor/

• Do you think Under Armour had a good trademark infringement case?
• How about Armor & Glory’s defense?

Next, consider another real-life case; but this time both parties are small businesses.  The dispute occurred in Ocean City, Maryland and it was over the name “Shorebilly.”  One business was using it on t-shirts.  The other business was using it for beer.  Both were in the same geographic location.

Koval, M. R. (2018). How Shorebilly Brewing Company Won the Trademark Battle, but Lost the War: A Cautionary Tale for Entrepreneurs. Journal of Legal Studies Education, 35(1), 45–82. PDF ATTACHED BELOW

• Who do you think had the stronger trademark case in the Shorebilly case?  Danny Robinson (Shorebilly Brewing owner and defendant) or Marcus Rogerson (Shorebilly t-shirts)?
• What differences or parallels to the Under Armour case do you note in the Shorebilly case?

ADDITIONAL SOURCECS

1. Intellectual Property Overview, Chapter 22, Retrieved from
   https://saylordotorg.github.io/text_legal-aspects-of-marketing-and-sales/s25-intellectual-property.html
2. What is a trademark and what do they mean to marketers? (n.d.) AMA.org https://www.ama.org/pages/what-is-a-trademark/?utm_content=buffer6a72b&utm_medium=social&utm_source=AMAsocial&utm_campaign=buffer%5C
3. INTA, Practical Tips on Avoiding Genericide, https://www.inta.org/famous-and-well-known-marks-committee-develops-best-practices-to-avoid-genericide/

For More Information

1. An Overview of the International Treatment of Exceptions

   http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1043&context=research

2. Pound, C. (2016). Is Copyright Dead in the Digital Age? Journal of Corporation Law, 41(2), 509–527.