FOR IMMEDIATE RELEASE
Santa Fe Springs, CA November 29, 2011:
To avoid the trouble and costs of a long trial, Nelson Sports and Climb X have reached an agreement. As with any settlement, compromises were made, but prior untrue statements of the Defendants, for the most part have been exposed and the public can now understand that Climb X and its products were never affiliated in any way with Mad Rock or Nelson Sports. To cover the highlights of the agreement, both parties have agreed to the following terms:
- - Defendants Garland, Climb X Gear, and Climb X have paid a total sum of $150,000 as a Settlement Payment.
- - Defendants are prohibited from using Nelson’s Trade Marks.
- - Defendants are prohibited from representing in any manner or by any methodWhatsoever that Climb X products are sponsored, approved, authorized byNelson/Mad Rock
- - Defendants are prohibited from representing in any manner that Defendants are inany way affiliated, owned, or owned by, Nelson/Mad Rock.
- - Defendants shall implement changes in advertisement and future print mediaregarding product names that have been copied.
- - Both parties agree not to disparage the other party.
- - Defendants must publish for 6 months, under the heading “About Us” on theClimb X website the following:A) Garland was never an officer, shareholder or director of Nelson Sports B) Climb X, a Nevada Corporation, nor Climb X Gear, LLC has never beenaffiliated in any way to Nelson or Mad Rock
Nelson Sports Inc.
Mad Rock Climbing
12878 E Florence Ave Santa Fe Springs, CA 90670
C) Young Chu was the primary designer of the products
D) Garland has never been to the “Mad Rock” factory and has no knowledge of
any problems relating to the factory.
E) No “Climb X” branded product won any awards prior to Jan, 2010.
We are still in the process of working with our legal team to update the “About Us” page on the Climb X website. Please be aware that these prohibitions and restrictions are only for products, advertisements, etc. in the United States of America. Be on alert for advertisers and distributors that do not adhere to these restrictions outside the United States.
For the background story… of this year long lawsuit on the two climbing companies Madrock Vs. ClimbX… you can read it on the DPM articles
I am a sponsored athlete of Madrock Climbing. I support the products and the people behind the company. Madrock has been focusing on re-branding their image. Further focusing on creating new innovative climbing technology. We must see ClimbX as a complete separate entity from Madrock; even though Madrock’s 2009 shoe line can seem almost identical to ClimbX first product line they released this past year.
It is important to look forward, and have optimism for both companies. Madrock switched factories form China to Vietnam in order to expand their product line and to keep manufacturing costs down. This ultimately benefits customers with great low prices and the same (or even better) quality products. I always have, and continue, to support the innovative designs Madrock put out… and are planning to put out. They have many fantastic & fresh ideas already in process!
The R3 crash pad is my favorite new product Madrock will be releasing on the market, along with the other 2012 designs. Its design is significantly different in comparison to the rest of the crashpads on the market. The R3 has several columns throughout the face filled with recycled EVA/PU foam. This reduces manufacturing costs and helps reduce environmental waste. It also makes it great when laying it on top of small boulders on the ground. Saving money on manufacturing costs, enables them to produce a burlier water resistant shell also including larger landing area. Madrock is also offering to provide replacement fill, so this is the crashpad that will last you a livetime! I know MR has been working on the design for the R3 rigorously, really considering the input of local climbers & athletes. I took numerous trips climbing outdoors with the R3 and I love it! It has a really soft catch; and not to mention its really comfortable to sleep on, ha. Anyways, enough of product talk. I just really like the R3, and im excited for the release of it and the rest of new Madrock products. Overall, Im glad at settlement has been reached. Hopefully both companies have a prosperous future, releasing quality products in with their own individualistic designs. Enough of the drama, shut up & lets climb on.
See the Madrock 2012 catalog here! (And see a familiar face in it also *wink*)
- Natalie D.