Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
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.
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.
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
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.