LA TIMES: 'TYR' sues 'Speedo' and 'USA Swimming', Coach Mark Schubert and Erik Vendt

UPDATE: Here is the legal brief that TYR filed: [Link]

Thank you so much to the reader who sent it!

I am going to try and get the brief and post it. I am no lawyer but I think TYR has a case. A huge one and USA Swimming will be forced to capitulate or face the consequences of their "for profit" ventures presented to the public at large. Most notably that USA Swimming is not allowed to profit from the subject of their non-profit status and yet they are doing just that.

As for Mark Shubert who is coach of the USA Team - This snippet to me illustrates an ethically severe conflict of interest on Shubert's part if this allegation is true. Especially note the part in bold. Here is a snippet: "... before the LZR debuted, the court papers said. His enthusiasm extended to what was called a mandatory team meeting at the Short Course World Championships in Manchester, England in April, telling swimmers that they would "have a two percent advantage if they wore the Speedo LZR technology," according to the lawsuit.

"Schubert also arranged to have a fitting session during the mandatory team meeting where athletes were instructed on how to fit the Speedo LZR suit and position the LZR suit to the body," the complaint said. "TYR-sponsored athletes in attendance expressed discomfort at Schubert's unsolicited comments."

Speedo has long been linked to USA Swimming, in a commercial sense, and in court papers TYR maintains that Schubert "is a paid spokesman for Speedo. ..."

( Read as a PAID spokesperson for Speedo being PAID to tell the American team in Manchester, England during a mandatory meeting that the product he is being PAID to represent is 2% better than any other suit and that they should wear it.)

As for USA Swimming: Here are three reasons why they may be acting in economic interests rather than in the interests of producing good swimmers:

1) Wasserman Media Group "Marketing deal"
2) Speedo endorsement deal - Speedo Tip of the Week
3) Spanking Floswimming for actually promoting swimming.

As for Erik Vendt: If you promise to wear a suit in exchange for a salary; you wear it. Embarrassing your sponsor not only tarnishes their name, but makes you a potentially fatal brand investment down the line. Also, there is that breech of contract thingy!

Here is a link to Lisa Dillman's article at the L.A. Times: [Link]

Photo above came from non-governmental body, non-profit, USA Swimming.org

USA Swimming has a short article up about Dara Torres

From USA Swimming: If Torres – who swam the fastest times to win the 50 and 100 freestyle events last August at ConocoPhillips USA Swimming Summer Nationals – were to make this year's team headed for Beijing, she would set a few records in the process.

At 41, she would be the oldest Olympic swimmer ever, and she would also be competing in her fifth Olympic games. No other female swimmer has done that. [Link]

Female athlete, Willye White, competed in five Olympic games winning silver in two of them in the track and field events but I don't think there are any male athlete who have competed in five Olympic Games

Also included, she actually has people stretch her body for her three days a week. Isn't that cool? I want that option but I bet it costs a fortune.

The photo to the right was yanked across the network from the USA Swimming website. Hopefully they or WMG ninjas don't ask me to take it down. If they do, Dara, can you send me a picture?

Is 'Timed Finals' up for sale?

From Lane 9 News: "... PHOENIX, Arizona, December 24. IN what appears to be financial concerns that could affect a landmark venture between the Wasserman Group (WMG) and three of United States Olympic Committees' national governing bodies (USA Swimming, USA Track and Field, and USA Gymnastics), WMG is shopping its Online Sports Network in lieu of an expected eight-figure loss for 2007. ..." [Lane 9 quotes the Sports Business Journal as their reference.]

Consequently, they want to sell Sportnet.com for 50-million-dollars to obviously cover some losses. [Link]

That figure is mind boggling for I don't see 50-million dollars of product there. Heck, even my site has more swim content than Sportnet and Floswimming has a 100 times more content as well. Therefore, I have to assume that their primary assets are the contracts they have with those that produce content but in relation to other content providers, it is still anemic.

For instance, take Movielink.com as an example as a content provider. Movielink.com was founded as a joint venture between Paramount Pictures, Sony Pictures Entertainment, Universal Studios, and Warner Bros., who were responding to consumers' adoption of high-speed Internet access well before iTunes came to market. Movielink.com had far more contracts with several major movie studios and foreign distributors. They sold and rented 100's upon 100's of movies per month. This includes documentaries, animation, shorts, extreme sports, etc. In August of 2007 movie rental giant Blockbuster acquired Movielink.com for a mere 6.6-million-dollars. Sportnet has nowhere near the content nor the contracts that Movielink had access to nor such an advanced e-commerce infrastructure. Hence, where is the equity in Sportnet? [CNN article on the Movielink.com sale Link]

Timed Finals, along with Sportnet.com is owned by The Wasserman Media Group as well. I am assuming that the site was purchased for the sole purpose of augmenting the USA Swimming deal. Will Timed Finals be sold if Sportnet.com is sold since it is seemingly one it's properties?

USA Swimming should have cut a deal with WCSN and Swimming World instead.