Milkcrate Athletics takes on Under Armour, days after suing Adidas

Milkcrate Athletics, a New York City-based fashion brand, has taken athletics company Under Armour to court over trademark infringement, just one week after accusing Adidas of copying its logo.

Both the trademark lawsuit filed against Adidas and the suit filed against Under Armour yesterday, August 19 at the US District Court for the Southern District of New York relate to basketball.

However, while the Adidas claim is focused on a t-shirt design sold by the German brand in partnership with the National Basketball Association, the latest suit focuses on the t-shirts worn and distributed at Under Armour’s Elite 24 Basketball Event.

The annual event is aimed at showcasing “twenty-four of the nation’s best high school basketball players” and, according to the claim, the infringing apparel was worn by Under Armour employees and event hosts, as well as distributed to athletes and spectators at the event.

Milkcrate Athletics alleged that Under Armour has designed and distribute a series of t-shirts featuring names and symbols that are “extremely similar, if not identical to its popular iconic” Milkcrate trademarks.

The fashion brand’s trademarks include the name ‘Milkcrate’ for clothing, in addition to a design featuring a milkcrate for the same goods.

Under Armour’s UA Brooklyn Hoop Icons t-shirt “prominently” features the Milkcrate design, according to the claim.

Aaron LaCrate, Milkcrate’s founder, allegedly met repeatedly with the senior Under Armour executives, with the “good faith hope” that Under Armour would collaborate with the Milkcrate brand.

In 2010, LaCrate travelled to Under Armour’s headquarters, as the guest of recording artist Will.I.Am, to participate in the filming of an episode of his new show called “Dipdive”, which showcased the top athletic wear and streetwear brands in Baltimore, Maryland.

At the filming, LaCrate was introduced to the senior director of professional leagues at Under Armour and pitched his concept of a collaboration between the two parties, said the suit.

Over the next five years, a series of exchanges reportedly took place, where LaCrate shared his ideas, collaborations, and designs. But, in 2015, Under Armour rejected the collaboration and, in an email cited in the claim, said that it didn’t see “synchronisation” with its current and future product lines.

“At the time that LaCrate was sharing his thoughts, ideas, concepts, designs, and brand with Under Armour’s top fashion, sports, and marketing executives, he did so in the good faith hope that he would collaborate with, or at least be treated professionally by Under Armour, and not have his creations simply taken from him without compensation nor recognition,” added the claim.

Milkcrate is seeking an injunction to stop Under Armour from using its trademarks, an account and recall of all allegedly infringing goods, profits and triple damages.

Kevon Glickman, founder of Kevon Glickman Law and representative of Milkcrate, said: “A lot of time, energy, and work went into creating the iconic Milkcrate brand and designs, so LaCrate really has no choice other than filing suit to protect the fruits of his labour.”

He added that companies have no choice but to police and protect their trademarks and the goodwill associated with them. “If creators and companies don't protect their marks and designs they will fall into the public domain,” said Glickman.