A federal judge in California has dismissed an attempt to dismiss TYR Sport's antitrust lawsuit against Speedo and USA Swimming, allowing the case to go to trial next year.

The decision issued by US District Judge James Selna of Santa Ana, Calif., said that nine of the 10 claims made by TYR were strong enough to be heard in court. Also named in the suit are Mark Schubert, US head coach, and Erik Vendt, US Olympic team member who switched to Speedo after he came to the conclusion that the LZR racer was the suit that helped him the most.

The case is scheduled for trial in March 2010.

TYR claims that the exclusive endorsement relationship between USA Swimming and Speedo, along with Schubert's dual role as Olympic coach and paid Speedo endorser, was an unlawful restraint of trade.

It remains to be seen how a restraint of trade will apply to a national team - the US - that is allowed to wear any brand of race swimwear it wants, provided that branding symbols are removed during national-team duty. 

The case rests on whether Schubert, as TYR claims, tried to persuade elite swimmers to switch to the LZR, even if they had sponsorship deals with other companies. Schubert said that the choice of suit in 2008 would be a "true test of character ... will it be the money or the medals". He made that statement in March 2008, at a time when the LZR was the obvious choice as the only widely available suit recognised the world over after a February launch of the first suit to use non-textile, non-permeable fabrics.

"We are pleased by this ruling," Larry Hilton, attorney for TYR, told AP. Speedo, USA Swimming and Schubert had filed motions seeking to dismiss TYR's claims, and a separate motion was filed by USA Swimming and Schubert to strike TYR's state law claims, the agency reported.

Selna through out TYR's allegation of trade libel. For USA Swimming, Richard R. Young, attorney, told AP: "We are confident ... once the court is allowed to assess these facts, USA Swimming will prevail." Speedo has denied any wrongdoing but declined comment when asked to do so by Associated Press.

In light of what has come to pass since the launch of the LZR and various TYR suits since the dispute reared its head, and given that the death knell has been sounded for non-permeable, non-textile suits from January 1, 2010, the action is on the fringe of the current suits crisis.