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Many have asked how things are going on the lawsuit over the ESSX Trademark?
There is no congratulations due here. No one wins these things except the lawyers, they get the pay day and it cost us both a lot of money to come to a settlement agreement.
We have settled and we each get what we already owned.
An order was entered by the United States District Court for the Northern District of Texas, Fort Worth Division entitled XLogic Sports, Inc., a Texas Corporation v. Jeff Erickson, Annette Erickson, and Erickson Poles, Inc., a Texas Corporation, Civil Action No. 4:11-cv-00480-A on October 19, 2011, granting XLogic Sports, Inc., owned by Bruce Caldwell, the exclusive right to the trade name ESSX as well as the right to collect ESSX receivables. As part of that agreement, Bruce Caldwell will retain the ESSX trade name and the accounts receivable relating to ESSX poles. Therefore, all communications regarding any issues you may have with your ESSX poles, including remittance of outstanding payments, should be directed to Bruce Caldwell.
The court further orders that Jeff Erickson has full rights to the Altius name and either party may not use any of each others designs, trade dress, processes, or instructions related to the manufacturer or use thereof.
ESSX poles are very very different in make, design, and concepts than Altius poles. Most well established vaulters can tell the difference between the two brands!
We would like to state that Altius as a manufacturer makes a very good vaulting pole and that is why we in the past asked them to private label for us.
Altius, AKA Erickson poles is no longer private labeling poles for us!!
We acknowledge that they are a good competitor.
We are ready to move forward!
Bruce Caldwell Bruce@essxpv.com 1-817-819-1472
