NEW ORLEANS – Major League Baseball Player Trevor Bauer filed a complaint June 4 in the U.S. District Court for the Eastern District of Louisiana in an attempt to prevent a Louisiana company from allegedly continuing to infringe on his intellectual properties and related services.
Bauer said in the lawsuit that he plays for the Cleveland Indians and “is best known for his high velocity pitching skills." As a result, Bauer said he has established a "well-recognized and valuable identity and derives some income from promoting or providing endorsements for selected products and businesses.”
He is the owner of a registered website, www.BauerOutage.com, used to promote his goods and services.
Bauer alleges that Brent Pourciau and Pourciau's Top Velocity LLC company, a Louisiana-based pitching training school, have “infringed and misappropriated his protected intellectual property in violation of the law by using the property in advertising media, advertising materials, guides, ebooks, videos, websites, social media, physical facilities, computer programs, books, handbooks, flyers, pamphlets and/or other means of marketing.” Bauer said the defendants' actions have led the public to believe that Bauer and Top Velocity are associated.
Plaintiff's attorney Edward Markle
As a result of defendants’ alleged unauthorized use of Bauer’s protected intellectual property, the petition asks for “damages, special damages, treble damages, costs, expenses, attorneys’ fees, prejudgment interest and other relief allowed by law.”
In addition, Bauer’s petition specifically asks that the court grant a preliminary and permanent injunction against Top Velocity to prevent the company from using his protected intellectual property in any manner.
It also asks for a written report from the defendants within 30 days of the issuance of the injunction, detailing the manner in which Top Velocity has complied with the court's order.
Bauer's complaint seeks general, special and statutory damages and retribution for the infringement and requests a jury trial.