Friday, May 29, 2009

Federal Judge to 'Speedo' and 'USA Swimming': TYR's lawsuit against you has merit and you are going to court!

I got a hold of the Judge's ruling this morning and I will post a bunch of snippets from it tonight and I will include a link to the PDF.

For now here is the TYR Press release on the subject:

May 29, 2009 – In a ruling earlier this week in Santa Ana, California, a federal judge has denied legal challenges by Speedo (USA), USA Swimming and Mark Schubert to antitrust claims filed by TYR Sport, Inc.

TYR filed its lawsuit in May 2008, alleging that the relationship between USA Swimming and Speedo, and Schubert’s dual role as Olympic team head coach and paid Speedo endorser, was an unlawful restraint of trade. TYR and Speedo are leading competitors in the $200 million market for competitive swimwear and equipment. USA Swimming is the national governing body of the sport, and shares an exclusive endorsement relationship with Speedo.

Among the assertions made by TYR is that Schubert used his stature as national and Olympic team head coach to promote Speedo’s products. TYR also claims that Schubert made untrue and disparaging statements about products manufactured by TYR, as well as those of other Speedo competitors.

Speedo, USA Swimming and Schubert filed motions seeking to dismiss TYR’s claims, and a separate motion was filed by USA Swimming and Schubert to strike TYR’s state law claims. In response, United States District Judge James V. Selna issued a 26-page opinion upholding the state and federal antitrust claims brought by TYR.

"We are pleased by this ruling," said TYR’s counsel, Larry Hilton. In total, nine claims will proceed toward trial on the court-appointed date in March 2010.

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