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Daly Seeks Enforcement of $1.5 Million Trademark Win
Two-time major championship winning professional golfer John Daly sued Hippo Golf Co. Inc. in the Southern District of California (Civ. No. 11-0966) seeking to enforce a trademark judgment won in 2009. In the underlying case, the U.S. District Court for the Southern District of Florida granted Daly summary judgment that Hippo had illegally used his name and likeness on its website after an endorsement deal ended. John Daly Enterprises, LLC v. Hippo Golf Company, Inc., 646 F.Supp.2d 1347 (S.D. Fla. 2009).
The Florida court held that the use of a “Swinging Lion” on golf clubs was a “colorable imitation” of Daly's trademarked lion logo that was likely to cause confusion. Further, the Florida court ruled that Hippo kept an image of Daly on its website under the heading “players previously associated with Hippo.” Hippo had argued that such a factual statement constituted fair use, but the court disagreed, holding that using Daly's image in such a way was a violation of state law.
Jeffrey S. Ginsberg is a partner and Joseph Mercadante is an associate in the New York office of Kenyon & Kenyon LLP.
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