Healthbox Global Partners v. Under Armour Inc., DeFAX Case No. D67317 (D. Del. July 19, 2016) Robinson, J. (memorandum) (24 pages).
Two companies with different markets and product types each wound up using the name "health box," and the senior member brought suit for trademark infringement. On evaluation of the Lapp factors, the court found that the typography, logo and use of each company's marks, plus the location of use and the target audience, were sufficiently distinct as to not create the confusion plaintiff had alleged. Further, plaintiff failed to show evidence of actual damages or harm to itself. Plaintiff's motion for preliminary injunction was denied.