A spokesperson for USA Swimming said that it became aware of the lawsuit Wednesday, had not seen the filing, and said it would be inappropriate to comment until it had the chance to review the court papers, adding that Schubert was also unavailable for comment. Neither Vendt nor his agent returned calls.
Until now, the apparel fracas had been played out in pools and on the deck.
"TYR is very concerned about some of the things that are happening in the world of elite competitive swimming, and wants to see the issue about whose product is better resolved by swimmers in the pool," said Hilton, calling claims of Speedo's hold on new and innovative technology based on "misinformation."
TYR's answer this year to Speedo is the Tracer Rise. TYR swimmers this year have set one world record in a relay and were involved in three U.S. records. In the court documents, TYR cites several published reports from this year, though, in which Schubert recommends Speedo, including one interview in which he said he "will tell his team to wear Speedo at the U.S. trials."
Less publicly, there was advocacy from Schubert at swim industry gatherings in late 2007 -- before the LZR debuted, the court papers said. His enthusiasm extended to what was called a mandatory team meeting at the Short Course World Championships in Manchester, England in April, telling swimmers that they would "have a two percent advantage if they wore the Speedo LZR technology," according to the lawsuit.
"Schubert also arranged to have a fitting session during the mandatory team meeting where athletes were instructed on how to fit the Speedo LZR suit and position the LZR suit to the body," the complaint said. "TYR-sponsored athletes in attendance expressed discomfort at Schubert's unsolicited comments."
Speedo has long been linked to USA Swimming, in a commercial sense, and in court papers TYR maintains that Schubert "is a paid spokesman for Speedo." The complaint also raises antitrust issues, maintaining that the actions of the defendants have enabled Speedo to hike prices -- the LZR runs more than $500 -- and limit competition.
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lisa.dillman@latimes.com
