Wednesday, November 19, 2008

'AM Lawyer Daily' - 'Speedo LZR' claims by Mark Shubert, challenged in a TYR lawsuit deposition!

Summary: The TYR lawsuit against USA Swimming et al. is moving forward and Kevin Youkilis of the American Lawyer Daily writes that in "... the deposition of Genadijus Sokolovas, USA Swimming's former director of physiology, ... Sokolovas said that Schubert's [Speedo LZR] comments; were "pure speculation" without any science to back them up...."

For some background on the TYR lawsuit itself, here is some info from an L.A. Times article by Lisa Dillman posted on May 15 2008:
"...In documents filed in U.S. District Court for the Central District of California, TYR alleges that Speedo, USA Swimming and Schubert “combined to engage in a campaign of falsely disparaging the products of Speedo’s competitors, including TYR, for the purpose of inducing competitive swimmers to refrain from doing business with Speedo’s competitors” and that it was done in an “especially insidious and deceptive manner.”

TYR attorney Lawrence J. Hilton said the company made several efforts to settle the matter and that TYR’s founder, former U.S. Olympic swimmer and medalist Steve Furniss, took this step with “great reluctance.” ..."


Mark Schubert, USA Swimming Olympic Team Coach, is also quoted here in the on April 9, 2008 as saying the following :

“My advice to athletes is, ‘You have a black-and-white decision - the money or the gold medal.' And it's going to be a real test of character.

“There is no doubt the suit makes a difference and there is no doubt that there is one manufacturer that's put millions into research while the other manufacturers are more into fashion. Nobody at this level [world-class athletes] can afford to give up 2 per cent. It is not rocket science. ...” -- Mark Schubert


On June 28th, In the New York Times Blog: RINGS 2008 Beijing Olympics and Paralympics, Karen Crouse wrote this about Mark Schubert's realtionship with Speedo
"...What he did not mention is that the defendants, in asking for a continuance, provided sworn testimony from Stu Isaac, the director of marketing for Speedo, confirming that Schubert is paid to endorse Speedo and that one of Isaac’s jobs is to manage Speedo’s relationship with USA Swimming. ..."

Kevin Youkilis, of the American Lawyer Daily is following it and this is what he wrote:

"... TYR, the industry's number two company, sued USA Swimming and Speedo for conspiring to squelch competition by promoting Speedo's $500, NASA-engineered full-body suit over TYR's similar product. (The suit centered around USA Swimming head coach Mark Schubert's public and private comments that Speedo's suit made swimmers 2 percent faster than rival swimwear.)
Last Tuesday, TYR's legal team at Hewitt & O'Neil filed a huge batch of papers, including the deposition of Genadijus Sokolovas, USA Swimming's former director of physiology, in which Sokolovas said that Schubert's comments were "pure speculation" without any science to back them up...."


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