Nelson Sports, parent company of Mad Rock, filed a trademark infringement lawsuit on Sept. 20 in the U.S. District Court for the Central District of California against Climb X and Joe Garland.
The Mad Rock (madrockclimbing.com) lawsuit includes 12 complaints against Climb X (climbxgear.com) that include allegations of patent infringement, trademark infringement, common law trademark infringement, false advertising, trade/libel disparagement, misappropriation of trade secrets, unfair competition and conspiracy.
The lawsuit seeks a jury trial and asks for $2 million in damages. The court action is the latest salvo in an escalating tussle between the two companies that began in early 2010 when Garland publicly announced that he would no longer be working with the Mad Rock sales and marketing team. (Click here to read the Feb. 10, 2010, SNEWS story, “Climb X launches, generates swirl of confusion in the wake of announcement.”)
Court documents indicate that a hearing regarding a motion for preliminary injunction against Climb X and Garland will be held Nov. 22. Court documents also indicate that Climb X was served with the lawsuit on Oct. 19, giving the company 21 days from that date to respond to the lawsuit and its allegations.