Seattle Trademark Lawyer

On May 1, Spokane sports equipment maker Brett Bros. Sports International, Inc., filed suit in the Eastern District of Washington against Jas D. Easton, Inc., and related companies, alleging that Easton’s STEALTH baseball and softball bats infringe Brett’s STEALTH trademark used in connection with its own baseball and softball bats.

The complaint alleges Brett has sold nearly 40,000 STEALTH-branded bats since 1999. Brett claims Easton began marketing and selling its own STEALTH bats and related equipment in November 2004.

In case you’re wondering about a Leo Stoller connection, one allegedly exists. Brett alleges:

“On April 29, 2004, a company by the name of Stealth Industries, Inc. sued George Brett and Brett Bros. for alleged trademark infringement and unfair competition in the U.S. District Court for the Northern District of Illinois for Brett Bros.’ allegedly-infringing use of ‘Stealth’ on its baseball bats. Two additional parties were ultimately added as plaintiffs in that action: Central Manufacturing Company and Leo Stoller. …

“Stoller alleged that he and his various companies owned the rights to the name ‘Stealth’ for use on a wide variety of consumer products, including baseball bats. After the Stoller suit was filed in 2004, Brett Bros. decided to temporarily shelve its plans for marketing and selling its ‘Stealth’ softball bat until Brett Bros. prevailed in the Stoller Suit. Instead, Brett Bros. developed, marketed, and sold its ‘Thunder’ softball bat. …

“During the Stoller Suit, Stoller disclosed that Jas D. Easton, Inc. and Easton Sports, Inc. entered into a ‘Stealth Trademark License Agreement’ with one of Stoller’s businesses, rentamark.com, for use of ‘Stealth’ on various sporting goods including ‘baseball bats and softball bats.’ …

“Pursuant to the Easton-Stoller Agreement, Jas D. Easton, Inc. and Easton Sports, Inc. acknowledged rentamark’s ‘exclusive ownership’ and title to the ‘Stealth’ mark, and Jas D. Easton also assigned its ‘entire right, title, and interest’ in the ‘Stealth’ mark to Central Mfg. Co., one of the companies owned and operated by Stoller. This assignment by Jas D. Easton was effective and binding upon its then-subsidiary, Easton Sports, Inc. and its successor corporation, Easton-Bell Sports, Inc.”

Brett’s complaint further states: “On September 30, 2005, the Honorable David H. Coar of the U.S. District for the Northern District of Illinois entered summary judgment in favor of George Brett and Brett Bros. in the Stoller Suit. In so doing, the Court found that neither Stoller nor any of his wholly-owned companies that were named as plaintiffs actually owned the rights to the name ‘Stealth’ for baseball bats. The Court dismissed the Stoller Suit; cancelled Stoller’s U.S. Trademark Registration No. 2,371,075 for ‘Stealth’ on baseball, softball, and t-ball bats; and ordered Stoller to pay George Brett’s and Brett Bros.’ attorneys’ fees and costs.

“After Judge Coar entered his order dismissing the Stoller Suit, Brett Bros. followed through on its original plans to manufacture and sell the Brett Bros.’ ‘Stealth’ softball bat. Accordingly, Brett Bros. manufactured in October of 2006 its ‘Stealth’ softball bat and is currently selling same.”

Easton has not yet answered Brett’s complaint. The case is captioned as Brett Bros. Sports Int’l, Inc. v. Jas D. Easton, Inc., No 07-138 (E.D. Wash.).