UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ HOBART-MAYFIELD, INC., │ Plaintiff-Appellant, │ > No. 21-1441 │ v. │ │ NATIONAL OPERATING COMMITTEE ON STANDARDS │ FOR ATHLETIC EQUIPMENT, et al., │ Defendants-Appellees. │ ┘

Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 2:19-cv-12712—Gershwin A. Drain, District Judge.

Argued: January 18, 2022

Decided and Filed: September 9, 2022

Before: SILER, COLE, and NALBANDIAN, Circuit Judges. _________________

COUNSEL ARGUED: Allen R. Bachman, K&L GATES, LLP, Washington, D.C., for Appellant. David A. Ettinger, HONIGMAN LLP, Detroit, Michigan, for Appellees. ON BRIEF: Allen R. Bachman, K&L GATES, LLP, Washington, D.C., Christopher M. Wyant, K&L GATES, LLP, Seattle, Washington, for Appellant. David A. Ettinger, HONIGMAN LLP, Detroit, Michigan, Rodger K. Carreyn, Christopher G. Hanewicz, Gabrielle E. Bina, PERKINS COIE LLP, Madison, Wisconsin, Jeffrey B. Morganroth, MORGANROTH & MORGANROTH, PLLC, Birmingham, Michigan, David A. White, DAVIS & WHITE, LLC, North Andover, Massachusetts, Michael G. Brady, WARNER NORCROSS & JUDD LLP, Southfield, Michigan William S. Cook, Jennifer A. Morante, WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, Livonia, Michigan, for Appellees. No. 21-1441 Hobart-Mayfield, Inc. v. NOCSAE, et al. Page 2

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OPINION _________________

SILER, Circuit Judge. Plaintiff Hobart-Mayfield, Inc. (Mayfield) is the maker of a football helmet accessory. The accessory is purported to reduce the severity of football helmet impact when it is installed on an existing football helmet. Defendants are National Operating Committee on Standards for Athletic Equipment (NOCSAE); Riddell, Inc. (Riddell); Kranos Corp. (d/b/a/ Schutt Sports); and Xenith, LLC (Xenith) (collectively “Helmet Manufacturers”). NOCSAE is a nonprofit organization that develops and promotes safety standards for athletic equipment. It has a safety certification that can be applied to football helmets that meet NOCSAE’s standards. Helmet Manufacturers are makers of football helmets. Mayfield filed a complaint alleging that NOCSAE and Helmet Manufacturers are restraining trade in the football- helmet market, engaging in an overarching conspiracy to limit competition, and subjecting Mayfield to tortious interference of business relationships or expectations. Mayfield’s complaint was met with Defendants’ Rule 12(b)(6) motion to dismiss on the basis that Mayfield failed to state a claim for plausible relief. The district court granted Defendants’ motion to dismiss. We AFFIRM.

I.

Factual Background. Mayfield is the maker and seller of a football helmet accessory, commonly called an Add-on, named the “S.A.F.E.Clip,” which is designed to be a shock absorber for football helmets.1 The S.A.F.E.Clip can be retrofitted to most football helmets in the aftermarket and it purports to reduce the degree of harmful impacts to a football player’s helm