Outrider Hobbies Responds to Battle Foam Motion to Dismiss Change of Venue Motion

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 themĀ  and judge the facts for yourself.

Update: Sorry, linked to the same document twice. It is fixed now.

Outrider Responds to Motion

Battle Foam v. Outrider Exhibit A.pdf
Battle Foam v. Outrider Exhibit B.pdf
Battle Foam v. Outrider Exhibit C.pdf

Trask, The Last Tyromancer

trask

Trask is a long-time gamer, world traveler and history buff. He hopes that his scribblings will both inform and advance gaming as a hobby.

3 thoughts on “Outrider Hobbies Responds to Battle Foam Motion to Dismiss Change of Venue Motion

  • May 19, 2010 at 4:39 am
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    Yikes. What a slippery sleeze. Sorry, but this is not cool for this industry. I hope people take notice to this.

  • May 23, 2010 at 11:21 pm
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    R.K. Maroon: What are you going to do to me, Valiant?
    Eddie Valiant: I’m going to listen to you spin the Battlefoam scenario. The story of greed, sex and murder. And the parts that I don’t like, I’m going to edit out.
    R.K. Maroon: You got it all wrong, Valiant. I’m a baseball bat maker, not a murderer.
    Eddie Valiant: Everybody’s gotta have a hobby.

    Mostly quoted from “Who Framed Roger Rabbit”
    apologies to Robert Zemeckis

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