Brett Bros. suit say rival’s bat violates trademark

Spokane Valley’s Brett Bros. Sports International has filed a federal lawsuit against a California firm, saying a baseball bat it’s selling violates the Brett trademark.

The suit, filed this week, accuses Easton Sports Inc., based in Van Nuys, Calif., with infringement of a trademark the Spokane company acquired several years ago.

The trademark covers a line of wooden bats labeled the “Stealth.” Both companies offer wooden baseball bats using the identical name. The lawsuit alleges Easton’s use of the name is causing Brett Bros. Sports monetary damages.

How large those damages are would be determined at trial. The court has not set a trial date yet.

“We are seeking all possible relief, including an injunction (to force Easton to stop) and damages,” said attorney Michael Keyes, who is representing Brett Bros. Sports.

Attempts to reach Easton officials for comment were unsuccessful.

The Spokane firm has been in business for nearly a decade. It began designing and marketing the Stealth bats in 1999, the suit says.

Keyes said it’s not clear when Easton began producing bats with the same name. Keyes in late 2004 sent Easton a letter requesting the California firm stop using the Stealth name. It refused the request, said Keyes.

Brett officials have discussed ways to resolve the dispute over the past year, said Keyes. But no resolution has occurred.

“Easton has continued to maintain this improper conduct,” said Keyes.

In 2004, Brett Bros. Sports stopped selling the Stealth line of bats after it was sued by another California company, Stealth Industries, which alleged Brett was violating its own trademark for the Stealth bat name.

In late 2005 an Illinois judge ruled in favor of Brett Bros. Sports, saying it owned full rights to the name “Stealth” for baseball bats.

Stealth Industries, based in Anaheim, is appealing that ruling.

In 2006 Brett Bros. Sports resumed sales of the Stealth bats.

The current Brett Bros. CEO is former Major League player and Hall of Famer George Brett. Spokane resident Joe Sample handles the company’s day-to-day operations.