LeMond Cycling, Inc. v. Trek Bicycle Corporation

Filing 139

Attachment 17
DECLARATION of Emily S. Zastrow in Opposition to 117 Memorandum in Support of Motion, 114 MOTION for Summary Judgment filed by Trek Bicycle Corporation. (Attachments: # 1 Placeholder for Exhibits 45,55-57,61,66,70,74, # 2 Placeholder for Exhibits 46-47, # 3 Exhibit 46, # 4 Exhibit 47, # 5 Exhibit 48, # 6 Exhibit 49, # 7 Exhibit 51, # 8 Exhibit 51, # 9 Exhibit 52, # 10 Exhibit 53, # 11 Exhibit 54, # 12 Exhibit 58, # 13 Exhibit 59, # 14 Exhibit 60, # 15 Exhibit 62, # 16 Exhibit 63, # 17 Exhibit 64, # 18 Exhibit 65, # 19 Exhibit 67, # 20 Exhibit 68, # 21 Exhibit 69, # 22 Exhibit 71, # 23 Exhibit 72, # 24 Exhibit 73, # 25 Exhibit 75, # 26 Exhibit 76)(Rolf, Benjamin) SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE on 8/5/2009 (lph). Modified attachment text on 8/6/2009 (RLR).

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LeMond Cycling, Inc. v. Trek Bicycle Corporation Doc. 139 Att. 17 Case 0:08-cv-01010-RHK-JSM Document 139-18 Filed 08/05/09 Page 1 of 4 ZASTROW EXHIBIT 65 Dockets.Justia.com Case 0:08-cv-01010-RHK-JSM Document 139-18 Filed 08/05/09 Page 2 of 4 Pipe Rudnick 1251 Avenue of the Americas New York, New York 10020- I 104 main 212.835.6000 fax 212.835.6001 LOREN H. BROWN loren.brown@piperTudnick.com direct 212.835.6046 fax 212.835.6001 August 10, 2004 VIA FACSIMILE Mr. Greg LeMond LeMond Cycling 641 East Lake Street - Suite 204P Wayzata, Minnesota 55391 Mr. Greg LeMond 3000 Willow Drive Medina, Minnesota 55340 Re: Notice of Breach of Sublicense Agreement Dear Mr. LeMond: My firm represents Trek Bicycle Corporation ("Trek"). This is formal notice that your recent actions are in breach of LeMond Cycling, Inc.'s Sublicense Agreement ("Agreement") with Trek Bicycle Corporation ("Trek"). Section 13.02.01 of the Agreement gives Trek the right of termination if you take any action which damages or has an adverse impact upon Trek's business or goodwill. Among other things, this provision requires that you not make public statements that may injure the business or goodwill of Trek. As you know, Trek has made substantial investments in the LeMond name and trademark, and has always been careful to protect the reputation and goodwill associated with that name. In exchange, Trek expects you also to protect that reputation and goodwill. When you harm the value of the LeMond name and trademark, you harm Trek. The same holds true for actions you take concerning Trek's other valuable business interests. As you also know, Trek's Endorsement and Spokesperson Agreement with Lance Armstrong is one of its other valuable business interests. Mr. Armstrong's name, good public image and endorsement of Trek products are of substantial commercial value to Trek. Public Piper Rudnick LLP TREK000834 Case 0:08-cv-01010-RHK-JSM Document 139-18 Filed 08/05/09 Page 3 of 4 PiperRudnick Mr. Greg LeMond August 10, 2004 Page 2 statements concerning Mr. Armstrong's alleged use of performance-enhancing drugs damage Trek's business and goodwill, including the LeMond product line. Recently, it came to Trek's attention that you made public accusations of performanceenhancing drug use by Mr. Armstrong. These statements have appeared on television, in newspapers and the trade press, and on the Internet. Further, you decided to make such statements during Mr. Armstrong's nan for a world record sixth Tour de France title. :When you made such statements, you were aware of Trek's concern that they would cause .substantial damage to its business and goodwi!l~- In-2001, following a discussion with Mr. Burke, you made a commitment to refrain from such statements and to honor your obligations under the Agreemenlx.~.~,More recently, before, your appearance .on. ESPN~ and following the.. release of the book L.A. Confidentiel, Trek corresponded with Mr. Bluming and again asked that you refrain from such accusations because they harm Trek's business, including the LeMond brand. During the past several weeks, Trek has received a large number of customer and dealer complaints concerning your accusations about Mr. Armstrong. Enclosed is just a sampling of complaints received to date. As you will see, the sentiment is overwhelmingly negative and detrimental to the business and goodwill of Trek. Trek continues to receive these complaints. This is not a notice of termination. Rather, it is an invitation to begin discussions to determine whether the parties can work together to make arrangements for an orderly, mutual dissolution of their business dealings. Given the past good relationship between the parties, Trek would prefer to proceed in a manner which allows an orderly transition, protects the integrity of the LeMond brand, and assists you in making other arrangements to market the brand, should you wish to do so. Trek has valued its long relationship with you, it regrets this turn of events, and it hopes to achieve an amicable resolution of this matter. However, Trek reserves all fights and remedies under the Agreement. Loren H. Brown LH]3/jb Enclosures cc: Sidney D. Bluming, Esquire (via fax) Bluming Freiman Franco LLP 140 East 45th Street - 19th Floor New York, New York 10017 ~NEWY1:3851031 .vl TREK000835 Case 0:08-cv-01010-RHK-JSM Document 139-18 Filed 08/05/09 Page 4 of 4 Piper Rudnick Mr. John Burke (via fax) 801 West Madison Street P.O. Box 183 Waterloo. Mr. Greg LeMond August 10, 2004 Page 3 WI 53594 Robert Burns, Esquire (via fax) P.O. Box 183 Waterloo. WI 53594 Mr. Joe Sietkes (via fax) P.O. Box 183 Waterloo, WI 53594 -NEWYl :3851031.vl TREK000836

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