TYR Sport Inc. v. Warnaco Swimwear Inc.

Proceedings: (In Chambers) Order re Defendant Warnaco Swimwear, Inc.’s Motion to Dismiss Complaint (filed 09/15/08); Defendants U.S. Swimming and Mark Schubert’s Motion to Dismiss Complaint (filed 9/19/08) and Motion to Strike Speech-Related Claims (Anti-SLAPP) (filed 09/17/08)

Defendant Warnaco Swimwear, Inc. dba Speedo USA (“Speedo”) moves the Court for an order dismissing the First through Fourth and Sixth through Tenth Claims asserted by Plaintiff TYR Sport, Inc. (“TYR”) in the Complaint. Defendants United States Swimming, Inc. and Mark Schubert (“Schubert”) (collectively, “USA Swimming”) move to dismiss the First, Third, and Sixth through Tenth Claims, and Speedo seeks to join this motion with respect to the First and Third Claims. Both motions are brought under Federal Rule of Civil Procedure 12(b)(6). Additionally, USA Swimming moves to strike the Third and Sixth through Tenth Claims under California Code of Civil Procedure Section 425.16 (“the anti-SLAPP statute”). TYR opposes these motions. The Court GRANTS IN PART AND DENIES IN PART the motions to dismiss, and DENIES the Anti-SLAPP motion.

1. BACKGROUND

TYR and Speedo both design and manufacture high-end swimwear and…