Lleyton Hewitt Marketing maintained Brisbane businessman John Sheils was using the player’s image for profit by creating a trademark that consisted of the words ‘Come on’ accompanied by a fist-pumping gesture.
Sheils contested the action, maintaining he came up with the design six years ago in collaboration with his two daughters and intended it to be ‘representative of all Australian sports people’.
Lleyton Hewitt Marketing was set up after the player left Octagon late in 2004. In February 2007 David Drysdale, Executive Director of Tennis Tasmania and a former Tennis Australia manager, was put in charge of the company.
Earlier this year Hewitt's father Glynn, acting on behalf of Lleyton Hewitt Marketing, denied blocking financial deals which would have netted his famous son lucrative returns.
Hewitt Sr.said a number of deals listed by Lleyton's former sports and financial management agency in a Supreme Court offered to guarantee only a portion of the tennis star's investment.
In a protracted case, Octagon is suing Lleyton Hewitt for loss of merchandising and management fees through breach of an exclusive representation contract with them.
Hewitt is counter-suing for "loss of proper return on investments held'' and negligence in Octagon's management of his finances.