Tyr Sport, Inc. v. Warnaco Swimwear, Inc.

ORDER RE MOTIONS FOR SUMMARY JUDGMENT AND RECONSIDERATION

Defendant Warnaco Swimwear, Inc. dba Speedo USA (“Speedo”) moves for for summary judgment under Federal Rule of Civil Procedure 56 on the remaining claims for relief asserted against it by Plaintiff TYR Sport, Inc. (“TYR”). Defendants United States Swimming, Inc. (“USA Swimming”) and Mark Schubert (“Schubert”) also move for summary judgment under Rule 56 on TYR’s remaining claims. Speedo and USA Swimming and Schubert (collectively, “Defendants”) join each others’ respective motions. TYR opposes both motions.

TYR also moves under Rule 59 and Local Rule 7-18 for reconsideration of the Court’s order granting summary judgment on TYR’s Fourth claim for relief under the Lanham Act. Speedo opposes.

I. PROCEDURAL BACKGROUND

On March 3, 2010, the Court granted in part and denied in part the Defendants’ initial motions for summary judgment. (Docket Nos. 149, 154.) The Court granted summary judgment on TYR’s claims for false advertising under the Lanham Act and intentional interference with contractual relations. (Docket No. 154 at 28, 32.) The Court also granted summary adjudication on the remaining antitrust claims to the extent…