Lane 9 News Archive: TYR Files Lawsuit Against Speedo, USA Swimming, Mark Schubert, Erik Vendt; Lawsuit Document, Statements Included, TYR Responds

TYR Files Lawsuit Against Speedo, USA Swimming, Mark Schubert, Erik Vendt; Lawsuit Document, Statements Included, TYR Responds -- May 15, 2008

Updated May 15, 2008

LOS ANGELES, California, May 15. ACCORDING to an article published by the Los Angeles Times, TYR has filed a federal-court lawsuit against Speedo, USA Swimming, Mark Schubert and Erik Vendt.

According to the article, "In documents filed in U.S. District Court for the Central District of California, TYR alleges that Speedo, USA Swimming and Schubert ‘combined to engage in a campaign of falsely disparaging the products of Speedo's competitors, including TYR, for the purpose of inducing competitive swimmers to refrain from doing business with Speedo's competitor' and that it was done in an ‘especially insidious and deceptive manner.'"

The article further states that TYR believes that Schubert is a "is a paid spokesman for Speedo."

Additionally, "'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…TYR-sponsored athletes in attendance expressed discomfort at Schubert's unsolicited comments.'"

TYR is also alleging breach of contract by Vendt, who recently made the switch to Speedo after signing with TYR.

Full text of Los Angeles Times article.

Link to complete lawsuit.

Responses:
Erik Vendt
Vendt was unavailable for comment as he is preparing for the 1500 freestyle at the Santa Clara International Invitational taking place tonight.

USA Swimming
"USA Swimming received the legal documents late yesterday and has not yet finished reviewing them. For that reason, we are unable to comment at this time." - Jamie Fabos, USA Swimming Communications Director

Speedo
"Warnaco (Speedo) has learned that TYR has filed a lawsuit against it, and others. While Warnaco generally does not comment on pending litigation, we think this lawsuit is without merit.

Speedo for 80 years has been the leader in innovation. Speedo's goal has always been to help athletes achieve their personal best. We're pleased that swimmers, wearing the Speedo LZR Racer, have set 37 world records in the last three months."

TYR
"TYR did not take filing this lawsuit lightly. TYR made several unofficial attempts to work things out with USA Swimming. But, once these efforts were unsuccessful, TYR believed it had to take this step.

TYR believes that what is happening in the swimming community is not good for the sport, or the athletes and that the issues brought up in the suit are much bigger than TYR. While the lawsuit is TYR versus the defendants, the issues raised go well beyond just a dispute between TYR and the defendants. It goes to misinformation in the marketplace that is particularly objectionable. It is marketing hype being filtered through a National Governing Body of a sport that is particularly inappropriate and dangerous way to disseminate information.

Competitive swimmers and coaches that are our customers are intelligent and sophisticated people. They understand that when they are marketed to in life. For instance, if Ford Motor Company states that they make the safest cars, they know it is coming from Ford. However, if someone from the National Highway Traffic Safety Administration said the same thing, they would have much stronger credibility.

A similar analogy would be a drug company making a claim as to what their product does, compared to if the surgeon general made the same statement.

While we do believe some of the statements out there are factually false, what is more dangerous is that they were distributed by the NGB. The customer base is getting this information from a place they feel is more credible. We think it is really Speedo making the statement through USA Swimming with Mark Schubert wearing his USA Swimming hat speaking as the coach instead of the spokesperson of Speedo. That is inappropriate." – TYR's lawyer Larry Hilton

Mark Schubert
In an article posted by the New York Times, Schubert is reported to have responded with the following:

In a telephone interview Thursday, Schubert scoffed at the notion that his word would be treated as the final verdict by American swimmers.

"I should have that power," he said, adding that he called Furniss earlier in the week and suggested that they meet for lunch in Los Angeles later this month. According to Schubert, Furniss said, "I'd really like to do that, but it's too late because we're filing a lawsuit today."

Full text of New York Times article.

Reaction Time Comments

May 15, 2008 Ah, let the games begin!!
Submitted by: liquidassets

May 15, 2008 I'm glad to see Schubert being called out on this conflict of interest. His shilling of the LZR from his position within USA Swimming is unseemly.
Submitted by: Michelle

May 15, 2008 I disagree. This is pretty petty. Is accelerade going to sue USA Swimming because USA Swimming offers gatorade to swimmers at national meets or team practices?

Why not include FINA in the law suit?

On the other hand, Nike chose to go a different route and release their swimmers to use any brand's suit for Trials and the Olympics.
Submitted by: Goober

May 15, 2008 I'm sorry but NIke knows that they don't have a suit to compete with the LZR. They also probably don't care since their swimming division is such a small part of their pie. I'm thinking TYR has a good point as to how Schubert uses his name and his positions around the many athletes he comes in contact with. He humbly tries to play off his influence in the swimming world. This race to make the fastest swim suit is pathetic....Let go back to the good old nylon racers....
Submitted by: swimgert

May 15, 2008 "I'm sorry but Nike knows that they don't have a suit to compete with the LZR. "

Apparently TYR knows that too...

I am seeing Schubert bashing, but I haven't heard of a specific example of Schubert forcing someone to wear a Speedo suit.

Schubert works for USA Swimming, which is a Speedo sponsored company. It's a fact that the LAZR has specific instructions for sizing. It's not your ordinary suit. Most of the athletes want the LAZR. I don't see why Schubert is the bad guy for providing the suit in the most demand to the best athletes of USA Swimming. Isn't his job to put our national athletes in the best competitive position possible?

And I am with you- the suit technology makes me sick to my stomach. Seeing 12-yr-olds in these suits will make me sicker.
Submitted by: Goober

May 15, 2008 Of coure Schbertgis shills for Speedo.

What do you expect?

He's been a Speedo coach/advisor to the company for more than three decades, his teams (college, USS) have ALWEAYS been Speedo-equipped and he probably gets a healthy chuink of change for his services on their behalf.

To me it's no different that adidas having a contract with UCLA to be its official athletic apparel/footwear suppllier. All Bruin teams are outfietted in Arena gear and msot of their athletes compete in adidas shoes too.

I imagine most UCLA coaches "recommend" their athletes wear adidas shoes but they can't be forced to do so as I understand the rules.

I think this is how it should be and likely is in U.S. Swimming. Schubert can "sgrongly suggest" tht Phelps or Lochte or Coughlin or Ziegler or Vendt or whomever wer the LA-ZR suit but neither he nor USS can say: "Wwear it or you won't be allwoed to compete."

Speedo is an official supplier to U.S. Swimming too so it only follows they want their top coaches recommending the brand.
Gotta keep the sposnors happy (and the $$$$ flowing. Wonder if that's y the Trials are in Omaha this yer? Oh I forgot...they made the superior bid and the Qwsst Cener has such vbast erxperience sgtaging major swimming competitions)

Would it really surprise anyone if Schubert "strongly advocated" wering the Speedo suit?

Get real. That's his job. They PAY him to do that very thing.

Now if Vednt was contractually obligated to wear the TYR suit and then switched to Brand X...that's a horse of a different color.
Submitted by: slickwillie32

May 16, 2008 Swimgert is quite right. The IOC should rule right now minimum attire for everyone, startin at the next OG.

37 tainted records in 3 months that will probably be erased in 3 or 30 years time (remember the East German records). Not to mention the flood that the OG is certain to produce. Not conclusive proof? Ridiculous.

There is really nothing to discuss: If (a) the swimsuits assist they should be banned and (b) if they don´t there is no real need to use them.
Submitted by: Arenas

May 16, 2008 Goober - my intention is not to "bash" Schubert. I'm not the only reader who was a bit taken aback by his comments to the media that any swimmer not wearing a LZR at Trials risked not making the team. Regardless of how he intended it to sound, it came across as incredibly inappropriate.
Submitted by: Michelle

May 17, 2008 It's good publicity for a sport that needs it!

The public always enjoys a good brawl....
Submitted by: WEK5000

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