PRESS RELEASE: EO Tools Victorious in Lawsuit
PRESS RELEASE: SANDY, UT (February 18, 2017) - After approximately one in a half years of fighting a legal battle with WLA, EO Tools announces victory in landslide Federal Court ruling.
EO Tools competitor Weber Luke Alliance (“WLA”) (AKA Rollerball Make & Take) threatened to sue EO Tools customers and distributors if they sold their Make and Take kits. WLA then filed suit against Studio1C (AKA EO Tools) in the United States District Court for the District of Utah asserting copyright infringement, trademark infringement and trade dress infringement despite correspondence from EO Tools attorneys explaining why WLA did not have a case. Because EO Tools believed that WLA’s claims had no merit and were being used to keep EO Tools from competing, they promptly filed an alternate motion to either dismiss Weber’s lawsuit, or grant summary judgment in favor of Studio1C.
The Court’s opinion came on February 8, and EO Tools is pleased to inform you that the Court ruled in their favor, dismissing Weber’s claims and granting Studio1C summary judgment before they even had to file an answer. The Court found in EO Tools favor on each of WLAs claims and dismissed the lawsuit with prejudice.
The Court made it clear that ROLLERBALL is not a protectable trademark for Make and Take kits and found that EO Tools had not infringed any copyrights or trade dress of WLA.
Below is a copy of the Court’s order affirming that WLA’s allegations lacked merit. Click image to view ruling.
Studio1c Inc opened for business in 2007 and then EO Tools in 2015 by Michelle and Anthony Crossley, a husband and wife team. Michelle has won several design awards and taught college design prior to starting both businesses. They have 2 sons; Alan who is a Staff Sargent in the US Air Force and Justin who enjoys outdoor sports and is an honor roll student. Michelle & Anthony are active outdoors people, enjoy philanthropic work and love to travel.