SEATTLE, April 9, 2024 –Volt Athletics, the pioneering leader in performance training technology, is proud to announce a groundbreaking milestone: the acquisition of ZAMA Health. This acquisition elevates Volt’s AI-powered athlete development platform to unprecedented heights. Known for its innovative programming, Volt dynamically adapts to each individual, delivering hyper-personalized training at scale. Now, with the integration of ZAMA Health, Volt solidifies its position as the premier holistic athlete development company worldwide.
Founded by Dan Giuliani and Trevor Watkins, Volt Athletics has revolutionized athlete training with its patented artificial intelligence and performance training platform, serving nearly 2 million individuals worldwide. Volt will now provide comprehensive mental health and wellness tools for athletes and coaches alike, further enhancing its offerings with the integration of ZAMA Health.
Brendan Sullivan, Founder and CEO of ZAMA Health, joins Volt as the General Manager of Athlete Wellbeing. ZAMA Health’s technology platform, known for its innovative approaches to mental health and athlete wellbeing, will initially operate as a distinct service within the Volt ecosystem. This integration, combined with Volt’s cutting-edge technology, ensures a seamless experience for the Volt Family of coaches and athletes worldwide, ushering in a new era of advanced athlete development.
“ZAMA Health will add a much-needed layer of mental health support for our Volt Family of coaches and athletes,” said Dan Giuliani, Co-Founder and CEO of Volt Athletics. “We aim to support the development of the entire athlete and to empower coaches to better assist their athletes through practical resources and education.”
Brendan Sullivan expressed excitement about the acquisition: “Our collective goal is to build the world’s foremost athlete development platform by adding mental health and wellbeing offerings into the Volt Athletics ecosystem. Athletes need more than just operational systems or clinical care–they require a holistic solution. I’m looking forward to joining the Volt team to help spearhead these efforts.”
Volt welcomes a prestigious bench of ZAMA advisors and investors, including DeAndre Yedlin, pro soccer player for FC Cincinnati and the US Men’s National Team, who is an investor in both companies. ZAMA received early investments from the premier technology accelerator, Techstars, as well as the leading brain health organization, One Mind. Additionally, ZAMA’s advisory board includes experts from global technology, mental health, and fitness organizations, such as the former Head of Science at Calm, Jen Huberty, and industry veteran, Gene DeFilippo, who previously served as the athletic director at Boston College and Villanova.
“I’m thrilled to see Volt and ZAMA joining forces,” said DeAndre Yedlin. “Combining physical training and mental wellness is critical for athlete performance, health, and wellbeing. As an investor in both companies, I’ve seen firsthand the impact they have on athletes worldwide and can’t wait to see what they are able to do together.”
The collaboration between Volt Athletics and ZAMA Health signifies a commitment to addressing the holistic needs of athletes worldwide. By integrating physical, mental, and social health technologies, Volt aims to maximize athlete performance and wellbeing.
For media inquiries, please contact: [email protected]
About Volt Athletics: Volt Athletics is the leader in personalized performance training technology, providing AI-driven training solutions for athletes and coaches worldwide. Volt dynamically adapts to each individual, delivering hyper-personalized training at scale. Through the use of technology and sport science, Volt aims to maximize results, minimize injuries, and help athletes achieve their goals.
First launched in 2013, Volt has served nearly 2 million individuals, including collegiate and professional teams, first responders, military personnel, and corporate entities. Volt Athletics has been named one of the Best Companies to Work For by Seattle Magazine six times and the Best Employer in Sports by Front Office Sports twice.
About ZAMA Health: ZAMA is an athlete mental health and wellness platform, which has been specifically designed to support collegiate athletes and staff through educational programming and self guided modules, peer to peer support, and custom integrations with on campus-resources. ZAMA partners directly with athletic departments to help them meet the NCAA’s requirements around mental health best practices. Additionally, ZAMA collaborates with clinics across the country to provide athletic departments with direct access to therapy and psychiatry services when necessary.
2024 Quarter 1 Recap
While election-year politics hang over Congress, there is hope for tariff relief & health promotion policies. With the Presidential race getting the headlines, Congress navigates the choppy waters of an election year to find common ground. Divisions in Congress may get all the attention, but there are Members committed to finding bipartisan solutions, however, the path to success is narrow in a highly contentious election year.
If 2023 is any indication of what to expect in 2024 it will be a challenge, as only 27 bills were signed into law last year and 2024 will be more volatile due to the Presidential election. Despite the challenges presented by Presidential election year politics, SFIA policy priorities cut across party lines.
With the COVID-19 pandemic behind us, Congress has moved on to recovery. The economy remains sluggish and consumer prices continue to rise. SFIA advocacy has targeted policies to lower consumer costs, create more resilient supply chains, protect IPR, and increase participation in sports and fitness.
SFIA has focused much of its efforts on legislation to:
INCREASE PARTICIPATION
Capture the Economic Impact of Youth Sports
Participation in team sports continues to rise and the economic footprint of youth sports is large and growing. SFIA is working with Congress to launch an annual BEA study on the economic impact of youth sports to add to our messaging in promoting youth sports policies.
The gross economic output of Outdoor Recreation was $1.1 trillion in 2022, according to an annual study performed by the Bureau of Economic Analysis (BEA). Outdoor recreation is not in every community throughout the U.S., but youth sports are, and we want to capture that information.
Youth sports are far more than registration fees and field/court/rink rentals; referees and administrative staff at facilities and leagues, coaches, clinics, camps, and sports equipment sales all directly contribute to the youth sports economy – but so does development around sports facilities. Tournaments fill hotel rooms and generate revenue in the community. Fuel stations, grocery and convenience stores, fast food, and chain pharmacies pop up around facilities, and concessions and sports shops in the facility create jobs and contribute to the local economy.
The BEA Youth Sports Economic Impact study will not be available until 2026 at the earliest.
Promote Healthy Lifestyles Via Increased Activity and Access to Facilities
The pandemic highlighted the mental and physical health benefits of physical activity, and communities with children not able to participate on teams due to lack of sports facilities had worse outcomes. Ensuring greater access to facilities will lead to better health and lower future U.S. outlays to treat preventable chronic conditions and mental health problems.
SFIA is working with Congress to increase investments in youth sports infrastructure. Legislation to expand the use of Economic Development Assistance (EDA) funds to include youth sports infrastructure has bipartisan leadership in the House. SFIA is seeking a Republican to join our Democratic Senate lead.
Under the bill, urban and rural communities with a high incidence of substance abuse or violent crime, and lacking sports facilities, would be targeted for new investments in sports and recreation infrastructure. The Secretary of Education would award EDA grants; with 40 percent going to schools and the balance split between non-profits, cities/political subdivisions, and economic development districts.
SFIA has launched a state-of-the-art Sports & Recreation Project Database to give our members advanced notice of new investments in Sports & Recreation Infrastructure. The database uses AI to review up to 400,000 pages of minutes and agendas weekly from local government, council, committee, and board meetings. The database captures the information at the earliest stage of the project, often before the RFP is written, giving SFIA members a competitive advantage.
The Sports and Recreation Project database is searchable by sport, product, facility type, state, and date for customized reports that focus on projects with the most relevance to a business. Database users will receive daily e-mails on new investments to provide the latest info and keep users ahead of their competition.
New youth sports facilities will address the access barrier to youth sports, adult fitness and recreation, and the Personal Health Investment Today (PHIT) Act will lower the cost barrier. PHIT expands Health Savings Accounts (HSA), Flexible Spending Accounts (FSA), and other pre-tax medical accounts to cover activity expenses as a form of prevention. An independent commission reviewing the U.S. Olympic Committee publicly pressed Congress to pass PHIT earlier this month.
PHIT would lower family and consumer costs for youth sports, health clubs/fitness centers, and adult recreation by allowing payment using pre-tax dollars. Allowable expenses include registrations, membership dues, subscription fees, instruction, clinics, camps, tournaments, and equipment used exclusively to participate in sports, recreation, and fitness. Apparel and footwear that can be worn casually and travel and accommodations would not be eligible for PHIT savings.
PHIT has support from more than 80 Republicans and Democrats in Congress, including 15 from the tax-writing Ways & Means Committee which has jurisdiction for the bill. PHIT Champions are seeking an appropriate legislative vehicle to attach PHIT and move it through Congress.
TARIFF RELIEF
Renew Tariff Relief to Lower the Cost of Getting Products to Market
An estimated 100 million dollars in tariff relief on industry products awaits Congressional action, two years after the Miscellaneous Tariff Bill (MTB) and Generalized System of Preferences (GSP) lapsed at the end of 2020. SFIA has more than 80 MTB petitions on industry products fully vetted by the US International Trade Commission and recommended for inclusion in the MTB. MTB tariff relief is capped at $500,000 per petition for up to $40 million in tariff relief on industry products. Gloves, equipment bags, backpacks, and other sports equipment enter the U.S. duty-free if made in a GSP-eligible country, avoiding tariffs ranging from 3.0% to 17.6%.
Environmental issues are a sticking point, but the U.S. included provisions in the USMCA trade agreement that could be adopted for MTB and GSP to address those concerns. The bigger obstacle is Democrats desire to add Trade Adjustment Assistance (TAA) to help workers displaced by jobs moving overseas to MTB/GSP renewal legislation; Republicans counter with a demand to give the President Trade Promotion Authority (TPA) to negotiate free trade agreements without Congressional interference. TAA and TPA are policy differences that can be worked on outside of MTB/GSP, but to date, these have languished in Congress and impeded progress on tariff relief.
SFIA continues to press Congress for the renewal of these traditionally bipartisan, non-controversial tariff relief bills. A March advocacy day on Tariff Relief was well received – Congress is sympathetic and seeking a way to break the impasse to move legislation to renew GSP/MTB.
U.S. Trade Representative Katherine Tai has repeatedly indicated the Section 301 Tariffs on products made in China serve a purpose and give the U.S. leverage in future trade negotiations. Ambassador Tai points to the tariffs leading to increased sourcing outside of China, including back to the U.S., but there is little evidence to support that claim. China’s failure to meet all the terms of the Phase 1 trade deal provides justification for continuing tariffs of up to 25 percent on imports, although Section 301 tariffs on most consumer goods are 7.5 percent. The Section 301 tariffs are in addition to other tariffs on imported products and inputs, putting the total tariff on many Chinese imports above 10 percent.
While it is unlikely that Section 301 Tariffs will be dropped anytime soon, SFIA has pushed for a required U.S. Trade Representative four-year review of the Chinese tariffs. The review will report on the impact of the tariffs, China’s compliance with the terms of the Phase 1 agreement, and most importantly the Section 301 Tariff Exclusion process.
The initial USTR Exclusion process provided relief for roughly a third of requests on Lists 1 and 2, covering steel, aluminum, large consumer appliances, and industrial products, but, only five percent of Exclusion requests were approved for consumer products on Lists 3 and 4A. A General Accountability Office (GAO) report on the Exclusion process found it to be seriously flawed and unfair. GAO recommended re-opening the exclusion process with greater transparency to ensure fair consideration of requests for relief. The USTR review will provide insight into the government’s position on reopening a more transparent exclusion process that offers SFIA members an opportunity to seek relief from China tariffs.
Supply chains
Ensure Reliable Supply Chains to Ensure Timely Delivery of Products
The reliable movement of goods from factories into the stream of commerce is critical to meeting consumer demand and limiting spikes in costs to businesses and consumers. Following the supply chain crisis from the pandemic, Congress enacted the Ocean Shipping Reform Act of 2022 to address rising fees and challenges to the timely delivery of products.
The new laws have reduced fees and led to more reliable shipments of products, but recent global conflicts have disrupted the flow of goods. Shippers have opted to avoid the Suez Canal due to hostilities off the coast of Yemen targeting ships and the longer shipping routes have disrupted the flow of commerce. It is estimated that $80 billion in cargo has been diverted due to hostilities in Red Sea shipping lanes. New routes take ships around the Cape of Good Horn and create greater reliance on West Coast Ports. The new routes have driven up shipping costs due to increased traffic at certain ports that lack the equipment necessary to process the increased volume efficiently.
SFIA requested safe and secure maritime commerce in the Red Sea in a February letter encouraging countries to commit to a multinational security initiative. Twenty-three countries are currently participating in Operation Prosperity Guardian to keep Red Sea shipping lanes safe, and the Suez Canal a viable shipping option. SFIA and other concerned parties stress the need to protect the 30 percent of global trade flowing through the Red Sea and Suez Canal from interference and attacks.
The current labor contract for port workers from Maine to Texas expires on September 30. Negotiations are ongoing between the International Longshoreman’s Association (ILA) and the United States Maritime Alliance (USMA) on a new contract to avoid any disruptions in the flow of commerce to East Coast Ports. The ILA has set a May 17 deadline for local contracts to be agreed upon to allow for negotiations on an overall Master contract prior to the September deadline. To date, only the ports of New York/New Jersey and Baltimore have reached tentative local agreements.
ILA is seeking a more generous contract than West Coast Ports received and pointed to the 40 percent increase in wages and benefits in the Great Lakes District contract as a target. East Coast Port worker unions also object to increased automation and want exclusive port contracts for its workers. Historically, East Coast and Gulf Coast Ports have been less aggressive on strikes and slowdowns during contract negotiations due to the royalties longshoremen receive based on the tonnage of cargo processed. Any disruptions that divert cargo to the West Coast would be bad for East Coast port workers.
INTELLECTUAL PROPERTY
Combat the Theft of Intellectual Property
At the January PGA Show, the Deputy Director of the U.S. Patent & Trademark Office identified SFIA’s U.S. Golf Manufacturers Council anti-counterfeiting program as a model for U.S. businesses seeking to curb the flow of fake products from China. The USGMC program addresses the counterfeit product issue at the root of the problem, focusing its efforts on the ground in China. USGMC identifies fake products, determines the source, and then works with local law enforcement to take down the counterfeiters, seize fake products, and close the production facility. Listings of fake products are removed from online marketplaces and websites dedicated to the sale of fake golf equipment are shut down.
Companies engaged in the production and distribution of fake golf equipment are fined and required to pay damages. Individuals are sentenced to jail time and assessed fines for golf IPR violations. Since the inception of the USGMC anti-counterfeiting program, an estimated 2,000,000 pieces of equipment have been seized. The raids have resulted in over $118,000,000 in damages awarded, more than 100 convictions, and almost $3,000,000 in fines. Only fake products containing marks and branding of the golf manufacturers paying for the program can be seized; fake golf products from non-participating golf companies are left on the factory/warehouse/distribution center floor.
With the implementation of Section 301 Tariffs on Chinese imports, companies based in China have turned to direct shipments to consumers to avoid CBP inspections and applicable tariffs. ‘De Minimis’ shipments with a value of $800 or less enter the U.S. without CBP inspection for forced labor or counterfeit products and appropriate tariffs are not collected. More than two million packages a day enter the U.S. under the De Minimis exemption and the total value of de minimis shipments has increased from $40 million in 2012 to $67 billion in 2022. Counterfeiters in China have utilized the de minimis exemption to gain access to the U.S. market without CBP inspections.
SFIA applauds Senators Sherrod Brown’s (D-OH) and Rick Scott’s (R-FL) February 23rd letter to President Biden requesting he “utilize broad executive authorities to end duty-free treatment for Section 321 de minimis e-commerce shipments that are facilitating the import of illegal products, goods produced with forced labor, and other contraband to the detriment of U.S. manufacturers, workers, and communities.” SFIA supports the Import Security & Fairness Act to prohibit the use of de minimis for products shipped from non-market economies on the USTR’s priority watch list. CBP would be given additional authority to collect more information on De Minimis shipments and ban bad actors.
REGULATION
Ensure Reasonable Regulation and Compliance with Laws
SFIA supports efforts to stem the flow of products containing illegally harvested wood from entering the stream of commerce. The Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) enforces the Lacey Act to regulate the importation of plant products, including wood and other materials, to ensure compliance with U.S. policies on the source of wood in finished products.
Importers must provide scientific name, value, quantity, and country of harvest to certify products contain no illegally harvested wood. APHIS provides two options for filing declarations online: The Automated Commercial Environment (ACE) and the Lacey Act Web Governance System (LAWGS). More information and guidance on declarations can be found on the APHIS website.
Perfluoroalkyl and polyflouroakyl (PFAS) substances have been found to adversely affect health. Lower fertility, development delays, behavioral changes in children, and potentially an increased risk of certain cancers have all been linked to PFAS chemicals. PFAS substances are used in water and stain-resistant coatings found in athletic apparel and footwear, some swim products, and certain sports and fitness products.
The Environmental Protection Agency (EPA) published a new rule requiring any person that manufactures (including imports) or has manufactured (including imported) PFAS or products containing PFAS chemicals in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards.
Any entities, including small entities, that have manufactured or imported products containing PFAS will have 18 months to report PFAS data to EPA. Small manufacturers (as defined at 40 CFR 704.3) whose reporting obligations under this rule are exclusively from article imports will have 24 months to report PFAS data to EPA.
Non-compliant PFAS products warehoused in 2024 cannot be sold in the U.S. beginning January 1, 2025.
Ten States have PFAS restrictions, with California and New York being the most aggressive. California has announced an expansion of the PFAS list of banned substances in consumer products to include Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS), and Perfluorononanioc acid (PFNA) to the list of banned chemicals. Proposition 65 mandates warning labels on consumer products containing certain chemicals. The new California PFAS restrictions go into effect on January 1, 2025. New York has banned apparel with intentionally added PFAS beginning January 1, 2025, and outdoor apparel for severe wet conditions starting January 1, 2028.
SFIA members making apparel & footwear have the highest industry exposure.
For more information or for questions on SFIA public policy, please contact Bill Sells.
TEMPE, Az. – The Intercollegiate Tennis Association “ITA” is pleased to announce that it has named ZAMA Health the Official Student Athlete Well-being Partner of the ITA. This partnership with ZAMA Health, an athlete health platform, will bring mental health and wellness resources to student-athletes within college tennis at every level of our sport.
Designed specifically for college athletes, ZAMA Health offers self-guided modules which aim to maximize performance goals and improve mental health. ZAMA Health also offers members the opportunity to anonymously join communities within the platform. Here, users can connect with others who have lived through similar experiences as what they might be going through and receive support and insights to help with their own journey.
“We were delighted to learn about a powerful tool designed to empower student-athletes with strategies to manage the myriad pressures they encounter daily,” stated ITA COO, David Mullins. “ZAMA Health has effectively pinpointed the means to foster widespread adoption and sustained utilization of these strategies among student-athletes. The ITA is proud to include the ZAMA Health app within our comprehensive benefits package for college tennis programs, and I urge all coaches to disseminate these invaluable resources to their student-athletes and staff members.”
In addition to the resources available to student-athletes through ZAMA, the platform will also offer courses to coaches and staff which will help them better identify and refer their athletes who might be struggling with their mental health to the proper outlets and therapists.
Co-Founded by Brendan Sullivan, ZAMA was developed based on the personal experiences of a college athlete as Sullivan, prior to creating ZAMA, was a captain of the track team at Yale University where he recognized many of the missing resources available to fellow teammates that might be needing additional mental health support.
“We are incredibly excited to support ITA’s more than 3,000 coaches and 20,000 student athletes across all NCAA divisions,” proclaimed ZAMA Co-Founder, Brendan Sullivan. “Working closely with the ITA Student-Athlete Council has provided essential insights into how to best serve student athlete needs and the tennis community more specifically. We look forward to working further with the ITA and the Student-Athlete Council in growing this historic partnership.”
Sullivan has also spent time talking directly with the ITA Student-Athlete Council to gain a further understanding of the needs of college tennis players. The input and guidance of the ITA Student-Athlete Council has been a key factor in the development and success of this game changing mental health partnership between ZAMA and the ITA.
This partnership will be crucial in supporting the well being and long term success of college tennis and the student-athletes that compete in our sport. With ZAMA, the ITA will continue to build on its transformative purpose of “positively transforming lives through tennis”.
About ZAMA Health: ZAMA is an athlete mental health and wellness platform, which has been specifically designed to support collegiate athletes and staff through educational programming and self guided modules, peer to peer support, and custom integrations with on campus-resources. ZAMA partners directly with athletic departments to help them meet the NCAA’s requirements around mental health best practices. Additionally, ZAMA collaborates with clinics across the country to provide athletic departments with direct access to therapy and psychiatry services when necessary. For more information, check out ZAMA’s website at https://zamahealth.com, follow ZAMA on LinkedIn and Instagram, or email the team at [email protected].
About the ITA: The Intercollegiate Tennis Association (ITA) is the governing body and coaches association of college tennis, both an advocate and an authority for the sport and its members. Comprised of 1,260 colleges and universities, 20,000 student-athletes, 1,700 varsity programs, 3,000 coaches, and 1,350 college tennis officials, the ITA empowers college tennis coaches at all levels to deliver vibrant tennis programs that are vital to their college communities and transformational to their student-athletes. Follow the 2023-24 college tennis season on the ITA website and ITA social channels on Twitter, Instagram, LinkedIn, Facebook, and YouTube.
Durham, N.C. – (February 19, 2024) – Spenco, a leader in premium innovative footcare products, recently launched a new product, the Golf Stability™ Insole. Golf Stability™ Insoles are the brand’s first golf-specific insole designed to stabilize feet during the golf swing, creating more consistent and accurate shots.
The Golf Stability™ Insoles feature a Cobra heel that maintains proper weight distribution and positioning for feet during the backswing. They also feature Lateral Friction pads to keep feet stable during the downswing, improving ball striking accuracy. For best-in-class comfort, the Golf Stability Insoles provide heel and forefoot cushioning for walking all day on the golf course.
“We are excited to introduce Golf Stability™ Insoles to the market,” said Michael Polk, Chief Executive Officer of Implus. “These insoles offer a unique solution for golfers who want to enhance their performance and enjoy their game more.”
Golf Stability™ Insoles are suitable for anyone who enjoys playing golf and wants to improve their game, from beginners to avid golfers. They are trim-to-fit for a custom fit in golf shoes and are available in both Men’s and Women’s sizes.
Golf Stability™ Insoles retail for $39.99 and can be purchased online at www.spenco.com and Amazon.
About Spenco: Founded by Dr. Wayman Spence, a physician obsessed with the relationship between biomechanics and physical health, every Spenco product is the result of a comprehensive research and development process rooted in science and continuously refined by health professionals, athletes, and engineering experts. With Spenco’s current line of premium, clinically tested insoles, we strive to improve your physical activity and enhance everyday comfort, starting from the feet up. Learn more at www.spenco.com.
About Implus: Implus is home to 18 brands in the footwear accessories, hosiery, specialty running, outdoor, fitness and movement categories. As an industry leader in active accessories, Implus is committed to enabling people to live active, healthy, and fulfilled lives, providing innovative products to more than 80,000 retail outlets worldwide. Distributing across more than 70 countries, Implus is headquartered in Durham, North Carolina, with five international offices. Key brands within Implus’ portfolio include Balega®, SKLZ®, Yaktrax®, TriggerPoint™, Sof Sole®, RockTape® and Spenco®. To learn more, please visit www.Implus.com.
Media Contact
Rachel Rose
205-937-3668
[email protected]
COMPLIMENTARY BUCHALTER WEBINAR: Navigating California’s Statutory Traps – Avoid Penalties, Fines and Headaches in 2024
Join Buchalter for an insightful webinar where we’ll delve into the most pressing legal challenges and topics facing individuals, businesses, and communities in the Golden State. Whether you’re a business owner, legal practitioner, or simply interested in understanding the complexities of California law, this webinar is for you. Our experts will cover the following crucial topics:
- Telephone Consumer Protection Act (TCPA) and California Invasion of Privacy Act (CIPA) claims
- Consumers Legal Remedies Act and False Advertising Claims
- California’s Proposition 65 and Per- and Polyfluorinated Substances (“PFAS”) Laws
- ADA/California Unruh Act Compliance- for Websites and Brick and Mortar Locations
Thursday, March 7, 2024 | 12:00 PM PT
CLE Credits Available
Speakers:
Artin Betpera – Shareholder
Mark Cramer – Shareholder
Anne Marrie Ellis – Shareholder
William Miller – Shareholder
Click here to register for the free webinar.
Wednesday, December 20, 2023
The Sports & Fitness Industry Association has released the 2023 Year End Review. The letter includes a note from President & CEO, Tom Cove, and highlights the successes of SFIA in support of our members and partners from 2023.
Click here to read the letter.
For more information or questions, please contact [email protected].
Durham, N.C. – (December 18, 2023) – SKLZ, the leader in sports training products, recently launched an exciting new product, Speed Gates. Speed Gates is the brand’s latest innovation in speed measurement and is designed to track and record speeds up to 50 yards. The product helps athletes of all levels improve their speed and agility.
The Speed Gates set includes four cones, four sensors, a timer and a carry bag for easy transportation and storage. Users simply set up a start gate and a finish gate using the light indicators and run the distance between them. Speed Gates record the most recent 50 times to easily review progress and can be used both indoors and outdoors. They are ideal for timing the 40-yard dash, improving speed from the batter’s box to first base, beating an opponent to the ball, or any other speed-related goal.
“Speed Gates are an exciting new product as we expand our SKLZ product offerings to include speed measurement devices,” said Michael Polk, Chief Executive Officer of Implus. “Athletes who want to elevate their training and track real-time progress can use the Speed Gates to meet their goals.”
The Speed Gates are available for $129.99 on www.sklz.com, Amazon and both online and in-store at select Dick’s Sporting Goods and Academy Sports + Outdoors.
About SKLZ: SKLZ is the leading provider of performance training products and programs for athletes of all levels. SKLZ products are designed to sync the body to the brain, helping athletes to be stronger, smarter, and faster. With tools available for every sport and skill, like training nets, agility ladders, resistance bands, and more, SKLZ empowers athletes to never settle for yesterday’s best. Learn more at www.sklz.com.
About Implus: Implus is home to 18 brands in the footwear accessories, hosiery, specialty running, outdoor, fitness and movement categories. As an industry leader in active accessories, Implus is committed to enabling people to live active, healthy, and fulfilled lives, providing innovative products to more than 80,000 retail outlets worldwide. Distributing across more than 70 countries, Implus is headquartered in Durham, North Carolina, with five international offices. Key brands within Implus’ portfolio include Balega®, SKLZ®, Yaktrax®, TriggerPoint™, Sof Sole®, RockTape® and Spenco®. To learn more, please visit www.Implus.com.
Media Contact
Rachel Rose
205-937-3668
[email protected]
Written by Dr. Jochen M. Schaefer, Attorney-at-Law (Germany), Legal Counsel of the World Federation of the Sporting Goods Industry, and of the European Federation of the Sporting Goods Industry (FESI)
This article is primarily based on the grounds of German substantive laws and the jurisprudence of German courts, the legal situation in other European countries might differ.
Introduction:
I very recently represented a well-known sporting goods brand before a German court in temporary injunction proceedings, which had the following factual background:
My client is a long-established manufacturer and seller of high-quality sporting goods products under its well-known brand, which is also part of its company name. Those branded products are equally offered for sale DTC on my client’s own websites targeting consumers in various countries in various language versions including German for the D.A.CH countries.
To facilitate the customer journey for potential and actual buyers in terms of swift orientation and easy differentiation between hundreds of different products within the broad product range of the respective brand, the articles displayed on the websites did not only show numbers but also model names. Such names were, to a major extent, only used for a considerable short time, such as for the respective actual spring/summer and fall/winter collections, and were thereafter replaced by new model names in the following seasons.
The model names were picked and selected by the marketing and sales department of the company without any involvement of the in-house legal department. No prior trademark searches were conducted before selecting a certain model name with the argument raised by the commercial sales and marketing guys that it would be too cumbersome and also too costly to undergo such exercise in each individual case and that such kind of procedure would also create unnecessary delays. Further, one was convinced that it should be clear to anybody that such model names, which only appeared on the respective websites of the brand and on the packaging of an article, yet not on the products themselves, did not constitute a use as a trademark, but were pure identification factors comparable to number sequences distinguishing a certain product from another. Consequently, the overall feeling of the commercial team was that one would be fairly on the safe side and that any legal conflicts were very unlikely to occur.
Yet my clients had to find out pretty soon that their own subjective risk assessment proved to be wrong and that this turned out to be a quite costly experience for them.
In early 2023 they received a cease-and-desist letter from a major German law firm specialized in dealing with such kinds of scenarios, who was obviously systematically screening websites on behalf of its clients looking for the usage of TM-protected names by third parties not only in identical, but also in similar categories of goods.
In line with standard practices widely acknowledged by German courts, these lawyers requested not only the immediate removal of the disputed model name in dispute from the website of my client but also asked for the reimbursement of their legal fees just for the sending of this C&D letter, which already amounted at a very early stage to more than 3.500 EUR. In addition, they asked for damage compensation and requested, in this context, detailed information on the sales of the respective articles, including names and addresses of the manufacturers, suppliers, purchasers, buyers, and quantities of ordered and delivered goods same as on their pricing.
My clients decided to defend themselves and not give in also in view of the fact that the adverse German law firm was notorious for pursuing such kinds of legal actions as numerous comments of other German lawyers in Internet blogs and publications proved. They felt kind of harassed, and this is where I came into play.
First Attempt to Settle Failed
After I had been mandated by my clients to represent them, I had hoped that one could settle this matter very swiftly by convincing the other side that the usage of the respective challenged name, which was also part of the common German language, but at the very same time protected by a German national trademark in a related product class and a registered EU Mark, did not constitute a use in a trademark like fashion, but was just a temporary model name identification, which was not essential for my clients anyway and which they were prepared to give up on a relatively short notice by replacing it with another undisputed generic model name.
Yet, I also made clear in my very first detailed letter announcing my representation to the adverse lawyers that my clients were neither willing to sign the much too broad cease and desist declaration nor to pay any damage compensation in this specific case since they felt they were unfairly attacked by the other side and that the far-reaching claims of their client were basically without merits by explaining why this in our opinion was the case.
What I would have expected as a normal reaction to my letter was, that the colleague on the other side handling that case would have contacted me and would have discussed with me a kind of compromise settlement, yet this did not happen.
Only one week after receipt of my letter, the other law firm filed a motion to issue a preliminary injunction against my clients without any prior oral hearing. And – the competent court located in the city where such law firm had its headquarters granted such injunction right away, which was one hundred percent identical with the various claims the other party and its lawyers had raised in their previous C&D letter…
Next Evolvement
- Under German procedural laws, one is entitled to object to such kind of preliminary injunction and request an oral hearing with the motion to lift the injunction. This required of course a very detailed written brief outlining on the one hand the underlying facts and on the other hand dealing with all the technical legal issues surrounding such kind of case. The plaintiff had smashed us in its motion with tons of case law, which were mostly court verdicts issued already decades ago and which in my opinion were either totally outdated, since the customer journey ordering goods online today is certainly very much different than the one before the World Wide Web existed at all, or, had even nothing to do with the case matter as such, but looked of course at a very first glance impressive, until one undertook the effort to scrutinize and analyze the respective court decision in detail.
After we had forwarded a thirty-page written brief plus comprehensive attachments to the competent court, an oral hearing took place, which however proved to be very frustrating:
- The three professional judges took a highly abstract and formalistic view by just referring to judgments of the German Federal Court of Justice and verdicts of the European Court of Justice, which had been issued decades ago;
- they did not honor the fact that the respective disputed name never appeared visibly on the sports product itself, but just as a model name in my clients’ B2C web store;
- they also did not acknowledge that educated consumers purchasing online do not, or very little care about such model names, but just want to order a certain product bearing a well-known trademark they have confidence in;
- the fact that my clients had repeatedly expressed their willingness in writing to withdraw from using such a model name and to remove it from any marketing and sales materials offline and online during a certain reasonable transition period did also not help;
- further, for the Court, it all in all did not play a role that the products for which the adverse party’s trademarks were registered were by far not identical with those manufactured and distributed by my clients.
All in all, the court chamber indicated that it would uphold the interim injunction in all points and not grant any relief to my clients. After I had asked for an interruption of the hearing to be able to get in touch with the General Counsel of my client on the phone, who had been on standby, I returned to the courtroom, and I still managed finally to reach a fairly reasonable settlement with the plaintiff, which however involved a substantial additional financial commitment on part of my clients to be able to make an end to such dispute and to close swiftly the case out of primarily economic practical considerations.
Lesson Learned:
After the quite negative (and for my clients also very costly) experiences we had made in the course of these litigation proceedings, lessons learned are the following:
- A model names without conducting any trademark searches in advance and thus without caring about the risk of possible legal conflicts with third-party trademark owners. Such a gambling strategy might, to a certain extent, be successful over a certain period of time, in particular, if only generic model names are chosen, which, as such, cannot enjoy any trademark protection. Any usage of other distinctive denominations could, however, trigger costly lawsuits, which also bind substantial resources at a brand’s management level, as the above example demonstrates.
- The risk of clashing with third-party trademark rights in such kind of scenarios can nowadays be substantially reduced by conducting prior trademark searches at the national and EU levels (respectively also at the international level if required). This can be easily done online, does not consume much time and even if the results of such searches are frequently not providing the full picture, this kind of quick and dirty analysis does at least mitigate risks.
- In particular, SMEs should be aware of the fact that numerous service providers and law firms are systematically screening the World Wide Web to detect possible IP infringements, which per se is nothing negative, it only takes on a certain negative connotation, if the money- earning aspect is in the foreground and not the legitimate objective to efficiently fight illicit offerings on the internet.
- Company may still decide to pursue the strategy to use such kind of unregistered
Dr. Jochen M. Schaefer is a German practicing attorney based in the Munich area. For several years, he has been representing the World Federation of the Sporting Goods Industry (WFSGI) and the European Federation of the Sporting Goods Industry (FESI) as their legal counsel. He also chairs the WFSGI’s legal committee and is co-chair of the FESI’s digital working group. At the individual client level, he represents a significant number of well-known brands within and beyond the bicycle/sporting goods sector. He is a specialist in national and international distribution topics, intellectual property (IP) and risk management issues, and the drafting and negotiation of comprehensive contracts at the operational level; in particular in the area of European selective distribution schemes. In case of any questions about this article (or in general), he can be reached at [email protected] and at +49 151 1640 7932.
Durham, N.C. – (December 5, 2023) – RockTape, the leader in kinesiology tape and movement products, is announcing the launch of RockFlash Reflective Kinesiology Tape, a new product that combines the supportive and functional benefits of kinesiology tape with reflective properties for enhanced visibility for runners, cyclists and walkers.
RockFlash Reflective Kinesiology Tape is a pre-cut, easy-to-apply tape that may help reduce joint discomfort and expedite recovery. Unlike standard kinesiology tape, RockFlash is made from reflective materials that reflect light from any source, such as headlights, flashlights or streetlamps. The product is ideal for people who are active in low-light conditions, like early-morning or evening runners, cyclists, walkers or outdoor enthusiasts. RockFlash can be applied to various parts of the body for optimal movement and is both water-resistant and latex free.
“We are excited to add RockFlash to our assortment of premium movement products,” said Michael Polk, Chief Executive Officer of Implus. “RockTape is known for providing exceptional muscle support and relief and with this added reflective feature, our customers can stay supported and safe while performing their favorite activities anytime, anywhere.
RockFlash retails for $25.99 and can be purchased on the official RockTape website at www.rocktape.com, Amazon, and at other independent run retailers.
About RockTape: RockTape is a global leader in kinesiology tape and movement products. More than just a tape company, RockTape helps athletes of all levels go stronger, longer with the best kinesiology tape, cutting-edge education, and support products. RockTape is a trusted brand by athletes, coaches, and health professionals worldwide to get people to move more, and move better. Learn more at www.rocktape.com
About Implus: Implus is home to 18 brands in the footwear accessories, hosiery, specialty running, outdoor, fitness and movement categories. As an industry leader in active accessories, Implus is committed to enabling people to live active, healthy, and fulfilled lives, providing innovative products to more than 80,000 retail outlets worldwide. Distributing across more than 70 countries, Implus is headquartered in Durham, North Carolina, with five international offices. Key brands within Implus’ portfolio include Balega®, SKLZ®, Yaktrax®, TriggerPoint™, Sof Sole®, RockTape® and Spenco®. To learn more, please visit www.Implus.com.
Durham, N.C. – (November 21, 2023) – Balega, a leading performance running sock brand, announces participation in The Running Event (TRE) 2023, North America’s premier run and outdoor specialty retail conference and tradeshow. Balega is a platinum sponsor and will be at Booth 1521 showcasing their latest product offerings, including the Balega Blister Resist Light in a new mini-crew silhouette.
“We look forward to once again being at TRE and connecting with our partners in the running community,” said Michael Polk, Chief Executive Officer of Implus. “Following the successful launch of our national Transform Your Run campaign, we are excited to share our latest consumer insights and new products with our retail partners. We will also present this year’s Ubuntu award recognizing a run specialty store that best excels in service and involvement in their local community.”
One of the highlights showcased in Balega’s booth will be the new Balega Blister Resist Light, which will be available in both no-show and mini-crew silhouettes. This sock is ideal for runners seeking protection from blisters and the elements, and features the same moisture-wicking and protective barrier technology as their other Blister Resist socks but with a more weightless feel.
Balega invites all TRE attendees to visit Booth 1521 to learn more about their products and initiatives for Spring 2024. Implus will also showcase RockTape, TriggerPoint, and Spenco across the aisle from Balega in Booth 1515.
TRE 2023 will take place from November 28 – 30 at the Austin Convention Center in Austin, Texas.
About Balega: A leading performance running sock brand in the run specialty market, Balega is a designer and manufacturer of technical performance running socks and part of the Implus family of brands. With a proud American-South African initiative, the company develops its product in several countries, utilizing the best performance yarns produced across the globe. Crafted for a superior fit and unmatched comfort, Balega is committed to the technical excellence, quality, and performance. A brand with ‘sole,’ Balega prides itself on its commitment to the community with projects aimed at enriching those less fortunate than ourselves. In 2023, Balega became Climate Neutral Certified by committing to measure their climate impact, setting reduction targets, and offsetting their carbon emissions. For more information, please visit www.balega.com.
About Implus: Implus is home to 18 brands in the footwear accessories, hosiery, specialty running, outdoor, fitness and movement categories. As an industry leader in active accessories, Implus is committed to enabling people to live active, healthy, and fulfilled lives, providing innovative products to more than 80,000 retail outlets worldwide. Distributing across more than 70 countries, Implus is headquartered in Durham, North Carolina, with five international offices. Key brands within Implus’ portfolio include Balega®, SKLZ®, Yaktrax®, TriggerPoint™, Sof Sole®, RockTape® and Spenco®. To learn more, please visit www.Implus.com.