Shinesty Sues Tommy John Over Ball Hammock® Trademark Infringement
Shinesty, Inc., (the "Company") the leading apparel brand for people who don't take themselves too seriously, announced that it has filed a suit against Tommy John Inc. ("Tommy John") to prevent Tommy John from infringing on - and profiting from - Shinesty's trademarked Ball Hammock® line of men's underwear.
Shinesty designs and sells the "most comfortable underwear you'll ever wear," Men's Health Magazine stated in 2017. Shinesty registered its proprietary Ball Hammock® mark in 2018. In a brazen move to capitalize on Shinesty's innovation, creativity, effort and hard-won brand recognition, Shinesty alleges in its suit that Tommy John misappropriated Shinesty's trademark and launched the Tommy John version of the "Hammock Pouch" in 2020.
Shinesty made several amicable attempts to protect its brand and trademark prior to filing suit against Tommy John. Chris White, Co-Founder and CEO of the cheeky start-up brand, even reached out personally to Tom Patterson, CEO of Tommy John, but got no reply.
"We area fun brand with fun products but we take any attempt to infringe upon our creativity, innovation, design and quality very seriously," said White. "Despite our numerous friendly attempts to protect our trademark by reaching out directly to Tommy John, we've been forced to take action. We will vigorously protect our bestselling underwear and trademark rights against any competitor, no matter how large. We've invested significant time and resources growing Ball Hammock® into the memorable brand it is today."
Shinesty has been selling Ball Hammock Pouch underwear since 2017. The company initially filed to register its trademark "Ball Hammock®" for underwear, shorts and men's swimwear in 2018; the trademark was registered in October 2019.
Shinesty also owns the trademark for "Hammock Life Clothing" for beachwear, footwear, hats and underwear.
"Ball Hammock® underwear is one of our best-selling items, and for good reason; the technical design and quality of materials are best-in-class, and our signature outrageous graphics are iconic," said Jens Nicolaysen, Shinesty Co-Founder and Chief Marketing Officer. "As a start-up, we put our hearts into the Ball Hammock® brand and product, it's our crown jewel and Tommy John knows it."
In a modern-day David vs. Goliath, the suit asks that Tommy John be prohibited from further use of Shinesty's "hammock" marks, as well as monetary damages, derived from Tommy John's unauthorized use of the "HAMMOCK" marks.
"We've built a strong brand connection with our customers and we intend to protect it. As far as we're concerned we're the original, and only, Ball Hammock® brand of underwear," White added.
The case was filed in The United States District Court for the District of Colorado: Shinesty, Inc. v. Tommy John, Inc., 1:21-cv-01442 (D. Colo. 2021).
Shinesty is being represented by Portland-based Kolitch Romano LLP.
Shinesty is the number one apparel brand for people who don't take themselves too seriously.
Their iconic, supportive, Ball Hammock® pouch underwear has been worn by over 1 million people and has been dubbed the "most comfortable underwear you'll ever wear," by Men's Health Magazine. Shinesty also designs and sells dozens of other product lines you have to see to believe.
This small but successful business was started by two friends in Boulder, Colorado in 2014. Today the company and its Ball Hammock® line of underwear supports over 50 employees and their families in the Denver area and beyond. The company hopes to continue to grow and employ more Coloradans in the future.
Stay Weird & Shine On
ITEXPO #TECHSUPERSHOW Exhibit Hall Open
Know Your Liabilities as an MSP: Fees, Fines, and Regulations
IoT & Its Power to Drive Societal Good - Keynote Presentation by Hitachi Vantara