ST. LOUIS — A sporting goods company is suing a manufacturer of baseball and softball equipment, citing alleged trademark infringement and unfair competition.
Rawlings Sporting Goods Company Inc. filed a complaint Aug. 15 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Easton Diamond Sports LLC, alleging the defendant violated the Federal Trademark Infringement Act.
According to the complaint, the plaintiff alleges that on Sept. 1, the defendant will launch its S150 bats that are allegedly similar to offered bats under the plaintiff's distinctive trademark 5150.
As a result, the infringing bats will likely cause confusion and deceive customers and the public regarding the original source of the product.
The plaintiff holds Easton Diamond Sports responsible because the defendant allegedly conducted unlawful, unauthorized and unlicensed manufacturing, advertising, distributing, offering for sale and/or selling of bats under the designation S150 misrepresents that such bats were created, authorized, or approved by Rawlings.
The plaintiff requests a trial by jury and seeks award for damages, compensatory and otherwise, attorneys' fees, costs incurred and other relief as the court deems proper. They are represented by Michael R. Annis and Jonathan Schmalfeld of Husch Blackwell LLC in St. Louis.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-02259-RLW