Under Armour DJ Action Dismissed for Lack of Jurisdiction

Wednesday, July 24, 2019

Under Armour filed a declaratory judgment action that its use of the phrases “I Can Do All Things” and “I Can. I Will.” do not infringe Battle Fashios’ “ICAN” trademark.  U.S. District Court Judge Richard D. Bennett granted in part the defendants’ motion to dismiss the action for lack of personal jurisdiction and transferred the case to North Carolina.  Judge Bennett found that sending two cease-and-desist letters by Battle Fashions to Under Armour in Maryland failed to satisfy the Maryland long-arm statute authorizing jurisdiction, and were insufficient minimum contacts to comport with the 14th Amendment’s due process requirements.  Document-retention request letters sent by Battle Fashions to third parties located outside of Maryland were likewise insufficient to warrant an exercise of personal jurisdiction, given that the letters were not directed into Maryland and neither threatened litigation nor asked the recipients to cease doing business with Under Armour.  Under Armour, Inc. v. Battle Fashions, Inc., No. RDB-17-3223, 2019 WL 3239001 (D. Md. July 18, 2019).