Outrider Hobbies notified me today that they have filed a response to Battle Foam’s motion to keep the court case in New Hampshire. Outrider lays out the reasons why Arizona is the proper venue for this case, witness convenience, both parties in Arizona, Battle Foam has no significant operations in New Hampshire, among other assertions. Two things in the filing did catch my eye.
The “Exhibit A” document alleges that Battle Foam’s “confused consumer” that mistook Outrider’s products for Battle Foams has an existing relationship with Battle Foam as an endorser of baseball bats (Battle Foam’s owner also owns a baseball bat company). If true, it might take some of the wind out of the “confusing trademark” argument.
The same document also mentions an “Injunction Against Harassment (Case # J-1102-CV-201O0O520, Casa Grande Justice Court, Arizona)” that Bryan of Outrider Hobbies filed against the owner of Battle Foam. Very interesting.
All of the relevant documents are below, so read them and judge the facts for yourself.
Update: Sorry, linked to the same document twice. It is fixed now.
Trask, The Last Tyromancer