After failing to qualify, Vendt sues swimsuit maker
Former Member
sports.espn.go.com/.../story
Less than a week after failing to qualify for an individual event at the U.S. swimming trials, Olympian Erik Vendt filed a countersuit Thursday against a California company that claims he broke his contract by choosing to wear a rival swimsuit.
Vendt made his own breach-of-contract claims against TYR Sport in the federal lawsuit filed in California. He also sued the company for slander, alleging that comments made by its attorney, Larry Hilton, have cost the swimmer other endorsement deals.
TYR went to federal court in May with an antitrust case that claims USA Swimming has been working with Speedo to ensure all Americans wear that company's LZR Racer suit at the Beijing Olympics, even if they have deals with other companies such as TYR.
Also named in the suit were U.S. head coach and general manager Mark Schubert, who has openly touted the benefits of the Speedo suit while also working as a paid spokesman for the company, and Vendt, who had an endorsement deal with TYR but switched to the LZR Racer this year.
From the article, Vendt invoked the clause that allowed him to swim in a competitor's suit if Tyr failed to provide one of equal quality, and Tyr dropped its sponsorship 3 days later, and Tyr's attorney made some snarky remarks publicly.
Dunno what went on behind the scenes, as I think others have been able to swim in the LZR while under contract to other swim cos. without an eruption of hostilities, suits, and countersuits. (My impression...)
But part of Vendt's suit says he had tried the FastPro and found it better than what Tyr could offer some months ago, so why didn't he negotiate an exit then?
:dunno:
Oh well. 'S life.
VB
From the article, Vendt invoked the clause that allowed him to swim in a competitor's suit if Tyr failed to provide one of equal quality
It's interesting they would have wording like this in the contract. Seems like a serious loophole. Now I guess it's up to TYR and Vendt to prove their side. In my opinion Vendt might have a tough road consdering swimmers were successful at Trials using the TYR Tracer Rise suit. Grevers and Shanteau, for example, both wore TYR suits at Trials and made the team.
Does this mean that anyone who loses that wears a LZR, can sue Speedo if they do not win?
Or sue USA Swimming for supplying them with a swim suit that did not come first?
Should a coach tell a swimmer what suit to wear especially when he is a paid representative of a company.
That is similar to the Prime Minister of Canada getting paid off to make sure that Air Canada bought a certain jet passenge plane.
I think he should have sued Speedo if he wore a speedo and did not win.
After all if you wear a LZR you have to be 2percent better.:violin::violin::violin:
Remember, TYR didn't just make snarky remarks about Vendt -- this a counterclaim. They sued him first, by joining him in their anti-trust suit against Speedo. Vendt seems to have three claims against TYR: 1) libel and slander, 2) breach of contract (for failing to honor to the clause allowing him to use a competitor's suit) and, possibly, 3) malicious prosecution/abuse of process (for joining him in TYR's antitrust suit against Speedo). None of these claims has anything to do with his performance at trials.
Pah! So "BIG SPORT" swimming comes down to which kex you wear. Ha, bl--dy ha.
Are the olympics actually worth watching?
Will we see anything except who has the best kit?
I suppose if the pharmacists rule the Tour de France
Maybe its only fair that the tailors rule the Olympic Swimming.
Bad day at Black Rock?
It's interesting they would have wording like this in the contract. Seems like a serious loophole. Now I guess it's up to TYR and Vendt to prove their side. In my opinion Vendt might have a tough road consdering swimmers were successful at Trials using the TYR Tracer Rise suit. Grevers and Shanteau, for example, both wore TYR suits at Trials and made the team.
I believe the suit is for libel and slander ... and that TYR dragging him through the mud is why he has not gotten more sponsors. I was surprised to hear he didn't sign with Speedo, but perhaps since Speedo has a rather full house and figured Vendt would be wearing their stuff regardless they figured why bother ... who knows.
I think this is an interesting game. If Vendt's contract allowed him to race in a non-Tyr suit that is some impressive negotiation on his part. If the contract didn't spell out consequences - then Tyr had some bad lawyers or they REALLY needed Vendt's services.
If I were Tyr - as soon as Vendt raced in Speedo I would have fired him unless the contract didn't allow it.
As a separate issue - I think Schubert's conduct throughout this has been despicable. He is a paid Speedo spokesman. He can't prove Speedo is faster so he cannot as a USA-S leader almost force their swimmers to race in Speedo.
Should a coach tell a swimmer what suit to wear especially when he is a paid representative of a company.
I posted this before.
Should said coach be allowed to coach the Olympic team. I think he has lost his right to coach the team.
Or maybe the USA Olympic Association is getting the payoff.
