‘Ball Hammock’ dispute sparks Shinesty, Tommy John’s legal battle

BOULDER — There likely aren’t many examples in American jurisprudence that feature the concept of the “Ball Hammock” playing a central role in a case. Nonetheless, that’s the issue at hand in a lawsuit filed by Boulder-based apparel maker Shinesty Inc. against online underwear seller Tommy John.

The lawsuit, filed late last month in U.S. District Court in Denver, claims that Shinesty has been using the trademarked “Ball Hammock” and “Ball Hammock” marks — which “symbolize valuable goodwill” for the brand — to describe elements of its men’s underwear line since 2017. Tommy John, Shinesty alleges, began using “confusingly similar” terms…