Sughrue's Under Armour team successfully opposed an application for the mark HOTGEAR for various clothing items in an opposition proceeding before the U.S. Trademark Trial and Appeal Board ("TTAB"). In its notice of opposition, Under Armour alleged that HOTGEAR was likely to cause confusion with Under Armour's famous HEAT GEAR mark for clothing. On March 9, 2009, the TTAB issued its decision in favor of Under Armour. In finding there was a likelihood of confusion, the TTAB determined that Under Armour's HEAT GEAR mark is famous for performance wear. The public's recognition of the HEAT GEAR mark and the TTAB finding that the HEAT GEAR mark is famous will assist Under Armour in continuing to protect and enforce its marks.
Under Armour was represented by W. Mack Webner, Gary D. Krugman and Leigh Ann Lindquist in these proceedings.