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Online now: 2 members: Suds, Tina C; 7 anonymousDiscussion: bat drs
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| April 4 softballer Men's 65 594 posts | Subject: Watch out bat doctors!! From: Only a matter of time. Date: 03-Apr-06 Asa Files Trademark Suit Against Bat Drs -------------------------------------------------------------------------------- well it\'s finally happened. On March 15, 2006, ASA, along with Rawlings Sporting Goods d/b/a Miken Composites L.L.C. and Worth L.L.C., filed suit in the United States District Court for the Western District of Oklahoma against two bat doctors, Michael Rogers and Troy Waterman. The suit is a trademark suit under the Lanham Act, and also alleges claims of unfair competition, trademark infringement, and deceptive trade practices under Oklahoma law. The suit seeks injunctive and declaratory relief as well as an accounting of profits made by the defendants or, in the alternative, statutory damages under federal law, and seeks treble damages. The docket number is 06-cv-00276. Interestingly, plaintiffs made an ex parte motion for expedited discovery (ex parte means without the participation of the other side), seeking, among other things, customer records and the like. The court denied the motion on the ground, among other things, that plaintiffs waited too long and hadn\'t sought preliminary relief. The court did, however, allow plaintiffs to continue purchasing bats from defendants. That latter request suggests to me how the case came to be venued in Oklahoma, i.e. through \"undercover\" or \"sting\" purchases made indirectly by ASA. Par. 14 of the complaint confirms this: \"During late 2004 and during 2005, one or more representatives of one or more Plaintiffs purchased goods or services related to at least one softball bat from each of the Defendants. All softball bats purchased from the Defendants impermissibly contained one or more ASA Marks and impermissibly contained at least one of the Rawlings Marks.\" Just a hunch, but I would guess that this is only the beginning. |
