NASHVILLE (CN) – A softball pitcher on the U.S. team that won gold at the 2007 World Cup in Beijing says Rawlings is selling her patented training invention.
Cheri Kempf and her business, Club K & Co., say Rawlings dba Worth Sports refuse to return the molds that make her patented Spin Right Spinner for softball and baseball, and say it intends to keep on making them and selling them.
According to her federal complaint: “In 2005, Kempf and Club K began discussing manufacturing and distribution of several of Club K training aids, and specifically the Spin Right Spinner, with Worth. The Spin Right Spinner was currently being manufactured in the U.S. and had been since the patent had been obtained. Kempf had paid for master molds of the Spin Right Spinner (softball and baseball versions), along with all temporary molds that were being used to make the Spin Right Spinners. When Worth agreed to import and attempt to do some distribution of the Spin Right Spinner, Kempf lent to Worth the master molds to use for manufacturing several test batches and eventual full runs of the products in China. Kempf obtained the molds from the former manufacturer and passed them along to Worth to be shipped to China.”
The Spin Right spinner was a commercial success and Worth Sports began making and selling other Club K products, Kempf says. But in May 2011, Club K tried to sever their relationship.
“Club K gave Worth 30 days to dispose of its current inventory, and asked for return of its master molds for the Spin Right Spinner” – but Worth Sports refused, Kempf says.
“Worth has declined to return the master molds, and has asserted that it intends to continue important and selling products to customers in the United States through September 2011.”
Kempf says she will be irreparably harmed.
She seeks an accounting and damages for patents infringement and conversion.
She is represented by W. Edward Ramage with Baker, Donelson, Bearman, Caldwell & Berkowitz.
Kempf played fast-pitch softball in college and with the U.S. National Team at the 2007 World Cup. Now she woks as a trainer and pitching instructor and as a TV analyst for ESPN.