What Organization Do You Associate With The Phrase “Share Your Passion”?
An interesting golf trademark infringement lawsuit was filed back in August. The case involves The Florida Golf School, Inc. d/b/a The United States Golf Teacher’s Association and The PGA of America.
Which organization do you associate with the phrase SHARE YOUR PASSION? Well, if you are like me…. you have absolutely no clue. Perhaps that is because I am not a member of the “professional” golfing community (but I am a member of the weekend duffer golfing community).
The dispute centers on The Golf Teacher’s Association allegation that it owns the service mark for the phrase “Share Your Passion” and that the PGA used that phrase in its promotional materials without permission.
The Golf Teacher’s Association filed the Complaint on August 11th in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida. Then on September 18th the PGA filed a Notice of Removal seeking to remove the lawsuit to the Federal District Court of the Southern District of Florida. You may click 28) Substantial sales of golf related items, instructional services and/or certification of golf instructors are or have been made by Defendant in Florida and perhaps other states and are affecting business in interstate commerce. Such sales are likely to cause confusion or mistake or to deceive aspiring golf instructors, golf instructors in general and the public of such persons as to sponsorship of it by Plaintiff. Such acts are also likely to and have most likely caused persons who have undergone certification and membership in Plaintiff’s organization to discontinue such membership in its organization.
29) Such infringing sales by Defendant are causing losses to Plaintiff of both its reputation in the professional golfing community and the public at large, thereby reducing the revenue generated by the Plaintiff. The relationship between the Plaintiff and the golf instructors and the public who aspires to learn to play the game of golf from instructors certified by the Plaintiff will be jeopardized in the event that Defendant’s infringing activities remain unrestrained. Moreover, such activities by Defendant are causing instructors in Florida and throughout the world to be concerned about an interference with their promotion of themselves as accredited golf instructors vis a vie instructors who are accredited through the Defendant. The image of the Plaintiff with golf instructors, aspiring golf instructors and the golfing public will be endangered if Defendant is permitted to continue these prejudicial and willful infringing activities by the use of the words “Share the Passion” and other words that are confusingly similar to the registered marks.
This is an interesting lawsuit that emphasizes the fact that if you are going to protect your marks then you have to be willing to also enforce your rights to protect the goodwill associated with the marks.
David Dawsey – Keeping an Eye on Golf Trademark Lawsuits
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