Titleist Sues Seller Of Parody “Titties” Merchandise

I Made Bogey is an online golf apparel company that sells products with slogans you’d expect to see on the Wildwood boardwalk. There are a series of t-shirts inspired by Happy Gilmore. There are red “MAKE GOLF GREAT AGAIN” hats. But the bulk of the products on the site are parodies of golf brand Titleist. Only instead of that brand’s name, it reads: “Titties.”
That angered Titleist. As Bloomberg reports, the company has filed a lawsuit against I Made Bogey citing unfair competition, trademark infringement and dilution.
The famous maker of golfing gear wasn’t amused when an upstart riffed on its name to sell some…
The “Titties”—and “Titlelost” gear, which doesn’t seem to be for sale anymore—hats are a clear knockoff of the Titleist logo. But Bloomberg’s Polly Mosendz and Kim Bhasin explain that the Titleist might have an uphill battle with its claim:
In the suit, Titleist claims both trademark infringement and dilution. For dilution to stick, it must show that I Made Bogey’s hats tarnish Titleist’s reputation or blurs its fame. For trademark infringement, however, Titleist must show that consumers would be confused by the two logos. “They would have to show that people would think Titleist is making hats” with the sexually explicit misspelling, said [Donna] Tobin, the attorney. And that would be pretty difficult, she said. [...]
Experts aren’t convinced Acushnet has a case. “The lawsuit is probably doomed because nobody would think that Titleist made these products. It’s a parody, and most people would get the joke,” explained intellectual property attorney David Erikson, principal of Erikson Law Group in Los Angeles. “Trademark law doesn’t prevent all uses of a competitor’s name—it only forbids uses that are likely to confuse consumers about the source of goods. Because he’s not passing off his golf products as coming from Titleist, [I Made Bogey operator Benjamin] Russell would probably prevail.”
That doesn’t mean I Made Bogey is necessarily going to prevail, though. Trademark suits are expensive to defend, and there’s no guarantee the maker of Titties hats will come out on top. If you want a lewd golf hat, act sooner rather than later.
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[Bloomberg]
SOURCE - DEADSPIN posted by Campus94Me