TYR Sport, Inc. v. Warnaco Swimwear, Inc.

FINAL ORDER RE MOTIONS FOR SUMMARY JUDGMENT

Defendant Warnaco Swimwear, Inc., dba Speedo USA, (“Speedo”) moves 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.

I. BACKGROUND

TYR and Speedo both design and manufacture high-end swimwear and accessories sold to competitive swimmers. (Statement of Genuine Issues in Opp’n to USA Swimming (“SGI USA”) ¶ 3.) USA Swimming is the national governing body (“NGB”) of the sport of swimming in the United States, per the. Ted Stevens Amateur Sports Act (“Sports Act”), 36 U.S.C. § 220522 . {Id. ¶ 1.) In 2006, USA Swimming hired Schubert to be the National and Olympic Team head coach and general manager, though Schubert was and remained a paid spokesperson for Speedo. {Id. ¶¶2, 9-10.) Speedo also has a sponsorship agreement directly with USA Swimming, and…