Acushnet v. Golf Gods - Amended Complaint

Case 1:18-cv-12093-JCB Document 6 Filed 10/15/18 Page 1 of 20
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS
ACUSHNET COMPANY, Case No. 1:18-cv-12093
Plaintiff, DEMAND FOR JURY TRIAL

v.
GOLF GODS PTY LTD,
Defendant.
FIRST AMENDED COMPLAINT
Plaintiff Acushnet Company (“Plaintiff” or “Acushnet”) brings this complaint for
trademark and trade dress infringement, patent infringement, false designation of origin, unfair
competition, trademark dilution, and unfair trade practices arising under federal, state, and/or
common law against Golf Gods Pty Ltd (“Defendant”). Plaintiff, by its undersigned attorneys,
alleges as follows, upon actual knowledge as to itself, and upon information and belief as to all
other matters:
NATURE OF ACTION
1. This is a civil action for trademark and trade dress infringement, false designation
of origin, unfair competition, and trademark dilution under the Lanham Act, 15 U.S.C. § 1051, et
seq., patent infringement under 35 U.S.C. § 271, trademark dilution under Mass. Gen. Laws ch.
110H, § 13, unfair trade practices under Mass. Gen. Laws ch. 93A, § 11, and unfair competition
under the common law of Massachusetts.
2. Defendant is advertising, promoting, offering for sale, selling, and distributing
golf balls and accessories, clothing, and headwear under one or more of the following marks in
violation of Plaintiff’s trademark rights: (i) TITTIES (depicted in Plaintiff’s distinctive, stylized
“TITLEIST” script); (ii) HOE V1; (iii) #1 SLUTTIEST BALL IN GOLF; and (iv) FJ FOOTJOB
(collectively, the “Infringing Marks”). Goods bearing one or more of the Infringing Marks are
hereafter referred to as “Infringing Products.”
3. Additionally, Defendant is advertising, promoting, offering for sale, selling, and
distributing golf balls using packaging that is nearly identical in appearance and overall
commercial impression to a unique, distinctive, and non-functional trade dress, as shown in
Paragraph 26 (the “Acushnet Trade Dress”), that is used on packaging for Acushnet’s TITLEIST
PRO V1 golf balls and for which Plaintiff owns a design patent. Defendant’s golf ball packaging
is hereafter referred to as the “Infringing Trade Dress.”
4. Plaintiff seeks equitable relief and damages for Defendant’s use of the Infringing
Trade Dress and the Infringing Marks, which are confusingly similar to and dilutive of Plaintiff’s
following federally registered and famous trademarks: (i) TITLEIST; (ii) TITLEIST (stylized);
(iii) PRO V1; (iv) TITLEIST #1 BALL IN GOLF; (v) #1 BALL IN GOLF; (vi) FJ; and (vii)
FOOTJOY (collectively, the “Acushnet Marks”). Goods bearing one or more of the Acushnet
Marks are hereafter referred to as “Acushnet Products.”
PARTIES
5. Plaintiff is a corporation organized under the laws of Delaware, having its office
and principal place of business at 333 Bridge Street, Fairhaven, Massachusetts 02719.
6. Defendant is a proprietary limited company organized under the laws of Australia,
having a place of business at 12 B Konando Terrace, Edwardstown, South Australia 5039,
Australia.
JURISDICTION AND VENUE
7. This Court has jurisdiction over the subject matter of this action pursuant to
15 U.S.C. §1121 and 28 U.S.C. §§ 1331 and 1338 (a) and (b). This Court also has diversity
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jurisdiction under 28 U.S.C. § 1332 because the matter in controversy is between a citizen of a
U.S. state and citizens or subjects of a foreign state and exceeds the sum or value of seventy-five
thousand dollars ($75,000.00), exclusive of interest and costs. In addition, this Court has
supplemental jurisdiction over Plaintiff’s state-law claims pursuant to 28 U.S.C. § 1367(a)
because those claims are so related to the federal claims that they form part of the same case or
controversy.
8. This Court has personal jurisdiction over Defendant, and venue is proper in the
District of Massachusetts pursuant to 28 U.S.C. § 1391(b)(2), because Defendant transacts
business in this District using the Infringing Marks that gives rise to Plaintiff’s claims, Defendant
promotes, offers for sale, sells, and distributes goods under the Infringing Marks to customers
located in this District, and Defendant is causing harm to Plaintiff in this District. In the
alternative, this Court has personal jurisdiction over Defendant pursuant to Federal Rule of Civil
Procedure 4(k)(2) because Plaintiff’s claims arise under federal law, Defendant is not subject to
jurisdiction in any state’s courts of general jurisdiction, and this Court’s exercise of personal
jurisdiction comports with due process based on Defendant’s voluntary and intentional
nationwide contacts with the United States, which satisfy the criteria for relatedness, purposeful
availment, and reasonableness, such that Defendant could have reasonably anticipated the
exercise of personal jurisdiction; and venue is proper pursuant to 28 U.S.C. § 1391(b)(3) because
Defendant is subject to this Court’s personal jurisdiction and there is no district in which an
action may otherwise be brought as provided in 28 U.S.C. § 1391(b).
ACUSHNET’S ACTIVITIES AND ITS TRADEMARKS
9. Acushnet is a global leader in the design, development, manufacture, and
distribution of exceedingly high-quality, performance-driven golf products that are sold under
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multiple, world-famous, federally registered and common law trademarks, including the
Acushnet Marks.
10. Acushnet spends considerable amounts of money every year in advertising and
promoting the Acushnet Products throughout the world.
11. For 85 years, Acushnet and its predecessors in interest have continuously used the
iconic TITLEIST trademark shown below in commerce for a wide range of golf equipment,
accessories, and apparel, including golf balls, clubs, bags, gloves, head covers, clothing, and
headwear.
12. TITLEIST is the brand of choice among numerous male and female professional
golf players. Currently, there are more than 1,000 professional golf players worldwide that use
TITLEIST products.
13. Acushnet’s continuous widespread promotion and use of the TITLEIST
trademark—since as early as 1933—has led it to become the top brand in the sport of golf. In
2017 alone, Acushnet had more than $512 million in sales of TITLEIST-branded golf balls, over
$400 million in sales of TITLEIST-branded golf clubs, and more than $142 million in sales of
other TITLEIST-branded golf gear, such as bags, headwear, gloves, and head covers.
14. TITLEIST golf balls have been played by more professional players on the U.S.
Professional Golf Association (“PGA”) Tour than all other brands of golf balls combined.
Acushnet’s famed TITLEIST PRO V1 golf ball has been the top-selling golf ball in the market
since its launch in 2000, with total sales in excess of $4.5 billion.
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15. Acushnet has used the mark #1 BALL IN GOLF in commerce for golf balls since
as early as 1978. Through its extensive use and promotion over the last 40 years, this mark has
acquired distinctiveness.
16. The Acushnet Trade Dress used to package Acushnet’s TITLEIST PRO V1 golf
balls is comprised of the marks TITLEIST, # 1 BALL IN GOLF, and PRO V1 positioned in a
unique color scheme and design. Through extensive promotion and sales, the Acushnet Trade
Dress has acquired distinctiveness and consumers have come to recognize Acushnet as the
source of those goods.
17. For nearly a century, Acushnet and its predecessors have continuously used the
mark FOOTJOY in commerce for golf shoes, gloves, and apparel, and the mark FJ for such
goods since at least as early as 1969. FOOTJOY is the market-leading brand of golf gloves, and
has been the top-selling brand of golf shoes on the PGA Tour for over 60 years. In 2017 alone,
Acushnet had more than $437 million in sales of FOOTJOY products.
18. Acushnet also owns numerous federal trademark registrations for the Acushnet
Marks, which cover a variety of golf equipment, accessories, and apparel, including:
Acushnet Marks Registration Nos.

TITLEIST 316118, 934406, 933271, 3176825
1155766, 1273662
PRO V1 2806919
1601034
#1 BALL IN GOLF 3943732
1748627, 2697555
271260, 1198007, 2163931
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True and correct copies of printouts from the United States Patent and Trademark Office
database showing the current ownership and status of these registrations are attached as
Exhibit A.
19. All of the foregoing registrations are valid, subsisting, and incontestable.
Pursuant to 15 U.S.C. §§ 1065 and 1115(b), these registrations constitute conclusive evidence of
Acushnet’s exclusive right to use the Acushnet Marks, as shown in these registrations, in
connection with the goods identified therein.
20. By virtue of its long and extensive use, its substantial promotional and marketing
efforts, and its strong sales of and revenues from the Acushnet Products, Acushnet has
established considerable goodwill and recognition and valuable trademark rights in the Acushnet
Marks and the Acushnet Trade Dress. Moreover, the Acushnet Marks and the Acushnet Trade
Dress are, and have long been, widely recognized by the general consuming public as the
designation of source of the goods offered and provided by Acushnet.
21. By virtue of the inherent strength or acquired distinctiveness of the Acushnet
Marks as applied to the Acushnet Products, the extensive worldwide use and promotion of the
Acushnet Marks by Acushnet, the strong and sustained commercial success of the Acushnet
Products, and the federal registrations for the Acushnet Marks on the Principal Register, the
Acushnet Marks have long become famous.
22. Acushnet also owns U.S. Design Patent D763,682 S (the “D682 Patent”), titled
“Golf Ball Package,” which claims an ornamental design for a golf ball package. Acushnet owns
the entire right, title, and interest in the D682 Patent. A true and correct copy of the D682 Patent
is attached hereto as Exhibit B. Exemplary figures from the D682 Patent, including a top
perspective and a left side, top, and front side view of the protected design are shown below.
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Exemplary Figures from the D682 Patent
DEFENDANT’S UNLAWFUL ACTS
23. Defendant operates an interactive website (www.golfgodsonline.com) through
which it sells the Infringing Products to consumers throughout the world. Defendant makes that
website available in the United States, uses that website to intentionally engage in U.S.
commerce, and knowingly accepts a substantial amount of recurrent business from U.S.
consumers. Internet users can obtain information about the Infringing Products via Defendant’s
website, and can contact Defendant using an email address or a sales inquiry submission form
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posted on Defendant’s website. Defendant further targets and attracts consumers in the United
States by listing all prices for the Infringing Products in U.S. Dollars by default, enabling real-
time notifications of recent purchases by consumers in the United States, and posting
testimonials of U.S. consumers who have purchased Infringing Products on its website.
Screenshots from Defendant’s website showing pricing in U.S. Dollars and examples of real-
time notifications of recent purchases of Infringing Products by consumers in the United States
are attached as Exhibit C. Screenshots from Defendant’s website showing examples of U.S.
consumer testimonials on Defendant’s website are attached as Exhibit D.
24. Defendant is not now, nor has it ever been, a licensee of the Acushnet Marks or
the Acushnet Trade Dress, or otherwise authorized in any way to use any of the Acushnet Marks
or the Acushnet Trade Dress.
25. As shown below, each of the Infringing Marks is essentially identical in
appearance to the corresponding Acushnet Mark, thereby creating a confusingly similar overall
commercial impression. Moreover, Defendant intentionally uses the mark TITTIES in a stylized
script that is identical to the distinctive stylized script that Plaintiff has been using for its
TITLEIST mark for the past 85 years, and that is covered by several of Plaintiff’s federal
trademark registrations for its TITLEIST mark. Defendant’s TITTIES mark begins with the
same prefix (“Tit-”) as Plaintiff’s mark and also contains the letters (“ie”) in common, the result
of which is that the mark TITTIES bears a strikingly similar visual resemblance to the famous
TITLEIST mark.
Acushnet Marks Infringing Marks
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26. As shown below, Defendant sells golf balls using packaging that is nearly
identical in appearance and overall commercial impression to the Acushnet Trade Dress and the
claim of the D682 Patent. In an effort to cause confusion and deceive consumers, Defendant
intentionally uses a nearly identical color scheme and design as part of the Infringing Trade
Dress, and places the marks TITTIES, HOE V1, and #1 SLUTTIEST BALL IN GOLF in the
exact same position using a similar font and font size, as Acushnet’s TITLEIST, PRO V1, and #1
BALL IN GOLF marks.
Acushnet Trade Dress Infringing Trade Dress
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27. Defendant uses and has used the Infringing Marks in connection with advertising,
promoting, offering for sale, selling, and distributing the following Infringing Products to the
consuming public:
Infringing Marks Infringing Products

Golf balls and accessories, namely, golf tees and putter
covers; clothing, namely, polo shirts, t-shirts, crop tops,
singlets, sweatshirts, windbreaker jackets, and socks;
headwear, namely, snapbacks, flexi-fit hats, and beanies; and
other related goods, namely, beverage sleeves, stickers, and
bar mats.
Golf balls
Golf balls
Hats
28. Defendant uses the Infringing Trade Dress and the Infringing Marks in connection
with identical or closely related goods, targets the same classes of consumers, and uses similar
sales channels as Plaintiff. Screenshots showing the Infringing Trade Dress and examples of the
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Infringing Products, as advertised, promoted, and offered for sale through Defendant’s website
(www.golfgodsonline.com) are attached as Exhibit E.
29. Defendant’s use of the Infringing Trade Dress and the Infringing Marks falsely
suggests that the Infringing Products are connected to, sponsored, approved or authorized by, or
affiliated in some way with Plaintiff.
30. Defendant’s use of the Infringing Trade Dress and the Infringing Marks
intentionally creates an unwholesome and undesirable association—one involving patently
offensive and obscene references to women, sexual organs, and sexual activity—in the minds of
consumers that conflicts with the positive associations and images that Plaintiff has long
promulgated in advertising and promoting the Acushnet Products, and that tarnishes the brand
identity and reputation of the Acushnet Marks.
31. Defendant’s actions and use of the Infringing Trade Dress and the Infringing
Marks are offensive not only to women, but to consumers in general, including men, women, and
children of all ages who are offended by vulgar language, inappropriate sexual references, and
the disparagement of women.
32. At the time that Defendant began using the Infringing Trade Dress and the
Infringing Marks, Defendant had actual knowledge of Plaintiff’s rights to the Acushnet Trade
Dress and the Acushnet Marks and the Infringing Trade Dress’s and the Infringing Marks’
unwholesome and obscene association with sexual activity. Therefore, Defendant’s use of the
Infringing Trade Dress and the Infringing Marks was done willfully and in bad faith in an effort
to dilute and trade off of the fame, reputation, and goodwill of Plaintiff and the Acushnet Trade
Dress and the famous Acushnet Marks.
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INJURY TO ACUSHNET AND THE PUBLIC
33. Defendant’s actions described above have damaged and injured and, if permitted
to continue, will further damage and injure Acushnet, the Acushnet Marks, the Acushnet Trade
Dress, Acushnet’s reputation and goodwill associated with the Acushnet Marks and the Acushnet
Trade Dress, Acushnet’s reputation for exceedingly high-quality products, and the public’s
interest in being free from confusion and deception.
34. Defendant’s actions described above have caused and are likely to cause
confusion or mistake, or to deceive, as to the source or origin of Defendant’s Infringing Products,
and have falsely suggested and are likely to falsely suggest a sponsorship, connection, license, or
association of Defendant, and its goods and commercial activities with Acushnet, thereby
injuring Acushnet and the public. See, e.g., Exhibit D, customer testimonial from Ryan M. in the
United States (“It’s been uneventful so far. Worn the Titties hat twice for a round of golf and
nobody has noticed until I told my buddies I was playing with it said Titties, not Titleist. Even
showed it to my entire family, including my mother-in-law and ole lady and daughters, none of
them noticed it til I said something. LOLLLLLL”).
35. Defendant’s actions described above are likely to dilute the distinctiveness and
value of the Acushnet Trade Dress and the famous Acushnet Marks, thereby injuring Acushnet.
36. Defendant’s actions described above have irreparably harmed and, if not enjoined,
will continue to irreparably harm Acushnet, the Acushnet Trade Dress, and the Acushnet Marks.
37. Acushnet has no adequate remedy at law.
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FIRST CLAIM FOR RELIEF

Trademark Infringement
Under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1)
38. Plaintiff repeats and re-alleges each and every allegation set forth in Paragraphs 1
through 37 of this Complaint.
39. Defendant’s actions described above are likely to cause confusion or mistake, or
to deceive, as to the origin, sponsorship, or approval of Defendant’s Infringing Products and
commercial activities, and thus constitute trademark infringement of Plaintiff’s federally
registered trademarks referred to in Paragraph 18 above in violation of Section 32(1) of the
Lanham Act, 15 U.S.C. § 1114(1).
40. Defendant’s actions described above have at all times relevant to this action been
willful and knowing.
41. As a direct and proximate result of Defendant’s actions described above, Plaintiff
has been damaged and will continue to be damaged.
SECOND CLAIM FOR RELIEF

Trademark and Trade Dress Infringement,
False Designation of Origin, and Unfair Competition
Under Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A)
43. Defendant’s actions described above are likely to cause confusion or mistake, or
to deceive, as to the origin, sponsorship, or approval of Defendant’s Infringing Products,
Infringing Trade Dress, and commercial activities, and thus constitute trademark and trade dress
infringement, false designation of origin, and unfair competition with respect to Plaintiff’s
trademark rights in violation of Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. §
1125(a)(1)(A).
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THIRD CLAIM FOR RELIEF

Unfair Competition Comprising of False and Misleading Statements of Fact
Under Section 43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B)
47. By engaging in the actions described above, Defendant has made, and continues
to make, false and misleading representations of fact to consumers and potential consumers,
which, in commercial advertising or promotion, misrepresents the nature, characteristics, and
qualities of its products in violation of Section 43(a)(1)(B) of the Lanham Act, 15 U.S.C. §
1125(a)(1)(B).
FOURTH CLAIM FOR RELIEF

Trademark Dilution
Under Section 43(c)(1) of the Lanham Act, 15 U.S.C. § 1125(c)(1)
51. Defendant’s actions described above, all occurring after the Acushnet Marks
became famous, are likely to cause dilution by blurring or by tarnishment, or both, of the
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distinctive quality of the famous Acushnet Marks in violation of Section 43(c)(1) of the Lanham
Act, 15 U.S.C. § 1125(c)(1).
FIFTH CLAIM FOR RELIEF

Patent Infringement
Under 35 U.S.C. § 271
55. By engaging in the actions described above, Defendant has infringed and
continues to infringe the D682 Patent by making, using, selling, offering to sell, and importing
into the United States golf balls using packaging having a design that an ordinary observer would
confuse as Plaintiff’s golf ball package design claimed in the D682 Patent, in violation of
35 U.S.C. § 271.
56. Defendant’s acts of infringement have been without express or implied license or
permission from Plaintiff.
57. By copying Plaintiff’s patented golf ball package design, Defendant’s actions
described above have at all times relevant to this action been willful and knowing.
58. This is an exceptional case in view of Defendant’s unlawful activities, including
Defendant’s deliberate, intentional, and willful infringement.
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SIXTH CLAIM FOR RELIEF

Trademark Dilution
Under Mass. Gen. Laws ch. 110H, § 13
61. Defendant’s actions described above are likely to cause injury to Plaintiff’s
business reputation and to dilute the distinctive quality of Plaintiff’s famous Acushnet Marks,
valid at common law, in violation of Mass. Gen. Laws ch. 110H, § 13.
SEVENTH CLAIM FOR RELIEF

Unfair Trade Practices
Under Mass. Gen. Laws ch. 93A, § 11
65. Plaintiff and Defendant are each engaged in the conduct of trade or commerce
within the meaning of Mass. Gen. Laws ch. 93A.
66. Defendant’s acts and practices described above constitute unfair methods of
competition and unfair or deceptive acts or unlawful practices, which were committed by
Defendant primarily and substantially in the Commonwealth of Massachusetts, and have the
effect, or are likely to have the effect, of causing Plaintiff to suffer loss of money or property, in
violation of Mass. Gen. Laws ch. 93A § 11.
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EIGHTH CLAIM FOR RELIEF

Common Law Unfair Competition
70. Defendant’s actions described above create the impression in the mind of the
public that Plaintiff is responsible for the quality and performance of Defendant’s Infringing
Products, or is otherwise connected or associated with Defendant, and thus constitute common
law trademark and trade dress infringement and unfair competition in violation of Plaintiff’s
rights under the common law of the Commonwealth of Massachusetts.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this Court enter judgment in its favor on each and
every claim for relief set forth above and award it relief including, but not limited to, the
following:
A. An Order declaring that Defendant’s use of the Infringing Marks and the
Infringing Trade Dress, as described above, infringes Plaintiff’s trademark and patent rights, and
that Defendant’s actions constitute trademark and trade dress infringement, patent infringement,
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false designation of origin, unfair competition, trademark dilution, and unfair trade practices
arising under federal, state, and/or common law;
B. An Order adjudging that this is an exceptional case under 35 U.S.C. § 285;
C. An injunction permanently enjoining Defendant and its employees, agents,
partners, officers, directors, owners, shareholders, principals, subsidiaries, related companies,
affiliates, distributors, dealers, and all persons in active concert or participation with any of them:
1. from using the Acushnet Marks and the Acushnet Trade Dress, and any
mark that is confusingly similar thereto, including without limitation, the Infringing
Marks and the Infringing Trade Dress, or any other mark using the stylized “TITLEIST”
script, or any other name, mark, or design that is dilutive or likely to lead consumers to
mistakenly believe that its products or services are associated with or authorized by
Plaintiff; and
2. from representing by any means whatsoever, directly or indirectly, that
Defendant, any products or services offered by Defendant, including without limitation,
the Infringing Products, or any activities undertaken by Defendant are associated,
approved, sponsored, or connected in any way with Plaintiff;
D. An Order requiring Defendant to surrender to Plaintiff all products, merchandise,
and promotional materials, and any other physical items in Defendant’s possession or control
that bear or contain the Infringing Marks or the Infringing Trade Dress, including without
limitation, the Infringing Products, or any other mark that is confusingly similar to, or is dilutive
of, the Acushnet Marks or the Acushnet Trade Dress;
E. An Order requiring Defendant to alter all websites and social media under its
control or direction to remove the Infringing Products, the Infringing Trade Dress, the Infringing
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Marks, and any other mark that is confusingly similar to, or is dilutive of, the Acushnet Marks or
the Acushnet Trade Dress;
F. An Order requiring Defendant to identify, by name and contact information, all
sources, manufacturers, and suppliers for the Infringing Products;
G. An Order requiring Defendant to file with this Court and serve on Plaintiff’s
attorneys, within thirty (30) days after the date of entry of any injunction, a report in writing and
under oath setting forth in detail the manner and form in which Defendant has complied with the
injunction;
H. An Order requiring Defendant to pay Plaintiff compensatory damages in an
amount as yet undetermined caused by the foregoing acts of trademark and trade dress
infringement, trademark dilution, false designation of origin, misrepresentation, unfair
competition, and unfair trade practices, and trebling such damages for payment to Plaintiff, in
accordance with 15 U.S.C. § 1117 and other applicable laws;
I. An Order requiring Defendant to account for and pay to Plaintiff any and all
gains, profits, and advantages derived through or arising from the foregoing acts of trademark
and trade dress infringement, patent infringement, trademark dilution, false designation of origin,
misrepresentation, unfair competition, and unfair trade practices, and trebling such profits for
payment to Plaintiff, in accordance with 15 U.S.C. § 1117, 35 U.S.C. §§ 284 and 289, and other
applicable laws;
J. Entry of an award of multiple damages as allowed by Mass. Gen. Laws ch. 93A,
and fees and costs as provided under state law;
K. An Order requiring Defendant to pay Plaintiff punitive damages in an amount as
yet undetermined caused by Defendant’s foregoing acts;
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L. An Order requiring Defendant to pay Plaintiff the costs of bringing this action,
including reasonable attorneys’ fees, pursuant to 15 U.S.C. § 1117, 35 U.S.C. § 285, and other
applicable laws;
M. An Order requiring Defendant to pay Plaintiff pre-judgment interest on the
judgment amount; and
N. Other relief as the Court may deem appropriate.
JURY DEMAND
Under Rule 38 of the Federal Rules of Civil Procedure, Plaintiff requests a trial by jury of
all issues so triable by a jury in this action.
Respectfully submitted,
ACUSHNET COMPANY
Dated: October 15, 2018 By: /s/ Jonathan M. Gelchinsky

Jonathan M. Gelchinsky (BBO #656282)
Margaret K. Minister (BBO# 624975)
Robert H. Stier (BBO# 646725)
Michael C. Hernandez (pro hac vice pending)
PIERCE ATWOOD LLP
254 Commercial Street
Portland, ME 04101
Telephone: (207) 791-1100
Facsimile: (207) 791-1350
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Case 1:18-cv-12093-JCB Document 6-1 Filed 10/15/18 Page 1 of 94
EXHIBIT A
Printouts from the USPTO Database showing the

current ownership and status of the
Acushnet Marks
Generated on: This page was generated by TSDR on 2018-10-04 15:33:04 EDT
Mark: TITLEIST
US Serial Number: 71350879 Application Filing May 04, 1934

Date:
US Registration 316118 Registration Date: Aug. 14, 1934
Number:
Register: Principal
Mark Type: Trademark
Status: The registration has been renewed.
Status Date: May 16, 2014
Mark Information
Mark Literal TITLEIST
Elements:
Standard Character No
Claim:
Mark Drawing 5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORM
Type:
Related Properties Information

Publish Previously Yes
Registered Mark:
Previously Apr. 04, 1950
Registered Mark
Publication Date:
Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services;

Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
Asterisks *..* identify additional (new) wording in the goods/services.
For: GOLF BALLS

International 028 U.S Class(es): 022 - Primary Class
Class(es):
Class Status: ACTIVE
Basis: 1(a)
First Use: Dec. 20, 1933 Use in Commerce: Dec. 20, 1933
Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Amended Use: No
Filed ITU: No Currently ITU: No Amended ITU: No
Filed 44D: No Currently 44D: No Amended 44D: No
Filed 44E: No Currently 44E: No Amended 44E: No
Filed 66A: No Currently 66A: No
Filed No Basis: No Currently No Basis: No
Current Owner(s) Information

Owner Name: ACUSHNET COMPANY
Owner Address: 333 BRIDGE STREET
FAIRHAVEN, MASSACHUSETTS
UNITED STATES
Legal Entity Type: CORPORATION State or Country DELAWARE
Where Organized:
Attorney/Correspondence Information
Attorney of Record - None
Correspondent
Correspondent Lisa Rogan
Name/Address: ACUSHNET COMPANY
333 BRIDGE STREET
FAIRHAVEN, MASSACHUSETTS 02719
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com andrea_sorell@acush Correspondent e- Yes
mail: netgolf.com lisa_rogan@acushnetgolf.com nlutz@ mail Authorized:
kelleydrye.com
Domestic Representative - Not Found
Prosecution History
Proceeding
Date Description
Number
Sep. 28, 2016 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
May 16, 2014 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
May 16, 2014 REGISTERED AND RENEWED (FIFTH RENEWAL - 10 YRS) 75461
May 16, 2014 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 75461
May 09, 2014 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED 75461
May 09, 2014 TEAS CHANGE OF CORRESPONDENCE RECEIVED
May 09, 2014 TEAS SECTION 8 & 9 RECEIVED
Jun. 29, 2009 REVIEW OF CORRESPONDENCE COMPLETE 61619
Sep. 26, 2008 CASE FILE IN TICRS
Sep. 18, 2004 REGISTERED AND RENEWED (FOURTH RENEWAL - 10 YRS)
Sep. 18, 2004 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
Aug. 12, 2004 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
Aug. 12, 2004 TEAS SECTION 8 & 9 RECEIVED
Mar. 04, 2004 PAPER RECEIVED
Jan. 21, 2004 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Sep. 28, 1994 REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS)
Aug. 29, 1994 RESPONSE RECEIVED TO POST REG. ACTION
Jul. 29, 1994 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
Jul. 21, 1994 POST REGISTRATION ACTION MAILED - SEC. 9
Feb. 18, 1994 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
Aug. 14, 1974 REGISTERED AND RENEWED (SECOND RENEWAL - 20 YRS)
Maintenance Filings or Post Registration Information

Affidavit of Section 8 - Accepted
Continued Use:
Incontestability:
Renewal Date: Aug. 14, 2014
TM Staff and Location Information

TM Staff Information - None
File Location
Current Location: GENERIC WEB UPDATE Date in Location: May 16, 2014
Assignment Abstract Of Title Information

Summary
Total Assignments: 6 Registrant: ACUSHNET PROCESS COMPANY
Assignment 1 of 6
Conveyance: CHANGE OF NAME 19680604
Reel/Frame: 0169/0669 Pages: 5
Date Recorded: Dec. 30, 1968
Supporting No Supporting Documents Available
Documents:
Assignor
Name: ACUSHNET PROCESS COMPANY Execution Date: Jun. 14, 1968
Legal Entity Type: UNKNOWN State or Country No Place Where Organized Found
Where Organized:
Assignee
Name: ACUSHNET COMPANY
Where Organized:
Address: No Assignee Address Found
Correspondent
Correspondent FYRE, MANN, ET AL.
Name:
Correspondent 155 E. 44TH ST.
Address: NEW YORK, NY 10017
Assignment 2 of 6
Conveyance: ASSIGNS THE ENTIRE INTEREST AND THE GOODWILL
Date Recorded: Nov. 28, 1973
Documents:
Assignor
Name: AEROCHEM N.V. Execution Date: Nov. 22, 1973
Legal Entity Type: A LIMITED LIABILITY COMPANY State or Country NETHERLANDS ANTILLES
Where Organized:
Assignee
Name: AEROFAKO B.V.
Legal Entity Type: A PRIVATE LIMITED LIABILITY COMPANY State or Country NETHERLANDS
Where Organized:
Address: VLIJTSEWEG 130
APELDOORN, HOLLAND, NONE
Correspondent
Correspondent HASELTINE, LAKE & WATERS
Name:
Correspondent 19 WEST 44TH STREET
Assignment 3 of 6
Conveyance: MERGER AND CHANGE OF NAME 19760604DE
Date Recorded: Mar. 21, 1977
Documents:
Assignor
Name: ACUSHNET COMPANY, -MERGED INTO- Execution Date: Feb. 14, 1977
Legal Entity Type: CORPORATION State or Country MASSACHUSETTS
Where Organized:
Name: AMERICAN ACUSHNET COMPANY, -CHANGED Execution Date: Not Found

TO-
Where Organized:
Assignee
Name: AMERICAN ACUSHNET COMPANY, -CHANGED TO-
Where Organized:

Where Organized:
Correspondent
Correspondent ROGERS HOGE & HILLS
Name:
Correspondent 90 PARK AVENUE
Assignment 4 of 6
Conveyance: SECURITY INTEREST
Supporting assignment-tm-4673-0710.pdf
Documents:
Assignor
Name: ACUSHNET COMPANY Execution Date: Oct. 31, 2011
Where Organized:
Assignee
Name: KOREA DEVELOPMENT BANK, NEW YORK BRANCH
Legal Entity Type: NEW YORK STATE BANKING DEPARTMENT- State or Country KOREA, REPUBLIC OF
LICENSED BRANCH OF A STATE-OWNED Where Organized:
POLICY BANK
Address: 320 PARK AVENUE, 32ND FLOOR
NEW YORK, NEW YORK 10022
Correspondent
Correspondent ORRICK, HERRINGTON & SUTCLIFFE LLP
Name:
Correspondent 2050 MAIN STREET, SUITE 1100
Address: IP PROSECUTION DEPARTMENT
IRVINE, CA 92614-8255
Assignment 5 of 6
Date Recorded: Jul. 28, 2016
Documents:
Assignor
Name: ACUSHNET COMPANY Execution Date: Jul. 28, 2016
Where Organized:
Assignee
Name: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT
Legal Entity Type: NATIONAL ASSOCIATION State or Country UNITED STATES
Where Organized:
Address: 1808 ASTON AVENUE
SUITE 250
CARLSBAD, CALIFORNIA 92008
Correspondent
Correspondent LATHAM & WATKINS LLP C/O ANGELA M. AMARU
Name:
Correspondent 885 THIRD AVENUE
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 6 of 6
Conveyance: RELEASE OF SECURITY INTEREST IN TRADEMARKS PREVIOUSLY RECORDED AT REEL/FRAME (4673/0710)
Date Recorded: Sep. 14, 2016
Documents:
Assignor
Name: KOREA DEVELOPMENT BANK, NEW YORK Execution Date: Jul. 28, 2016
BRANCH, AS ADMINISTRATIVE AGENT
POLICY BANK
Assignee
Where Organized:
Address: 333 BRIDGE STREET
Correspondent
Correspondent AMBER HAREZLAK
Name:
Correspondent 2475 HANOVER STREET
Address: PALO ALTO, CA 94304
Proceedings
Summary
Number of 6
Proceedings:
Type of Proceeding: Opposition
Proceeding 91234606 Filing Date: May 17, 2017
Number:
Status: Terminated Status Date: Aug 24, 2017
Interlocutory YONG OH (RICHARD) KIM
Attorney:
Defendant
Name: Jeffrey William Woodworth
Correspondent JEFFREY WILLIAM WOODWORTH
Address: 4946 WATT AVE STE 28
NORTH HIGHLANDS CA , 95660-5158
UNITED STATES
Correspondent e- jeffwoodworthjr@gmail.com
mail:
Associated marks
Serial Registration
Mark Application Status
Number Number
THE ILLEST Abandoned - After Inter-Partes Decision 85428865
Plaintiff(s)
Name: Acushnet Company
Correspondent NANCY H LUTZ
Address: MERCHANT & GOULD PC
80 S 8TH ST STE 3200
MINNEAPOLIS MN , 55402-2215
UNITED STATES
Correspondent e- SJohnston@merchantgould.com , NLutz@MerchantGould.com , PColeman@MerchantGould.com , DOCKMPLS@merchantgould.com
mail: , TMdept@acushnetgolf.com
Associated marks
Serial Registration
Number Number
TITLEIST REGISTERED AND RENEWED 71350879 316118
TITLEIST #1 BALL IN GOLF. REGISTERED AND RENEWED 73756857 1601034
TEAM TITLEIST Registered 85672974 4295551
Prosecution History
Entry Number History Text Date Due Date
1 FILED AND FEE May 17, 2017
2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: May 17, 2017 Jun 26, 2017
3 PENDING, INSTITUTED May 17, 2017
4 NOTICE OF DEFAULT Jul 06, 2017
5 BD DECISION: SUSTAINED Aug 24, 2017
6 TERMINATED Aug 24, 2017
Proceeding 91200449 Filing Date: Jun 29, 2011
Number:
Status: Terminated Status Date: Nov 08, 2016
Interlocutory WENDY COHEN
Attorney:
Defendant
Name: Fatlace, LLC aka AKA Illest
Correspondent MARK C ARCENAL
Address: 800 S AMPHLETT BLVD
SAN MATEO CA , 94402
UNITED STATES
Correspondent e- markfatlace@gmail.com
mail:
Associated marks
Serial Registration
Number Number
ILLEST Abandoned - After Inter-Partes Decision 77846283
Plaintiff(s)
PO BOX 2910
UNITED STATES
Correspondent e- dockmpls@merchantgould.com , nlutz@merchantgould.com , cking@merchantgould.com , pcoleman@merchantgould.com
mail:
Associated marks
Serial Registration
Number Number
TITLEIST PERFORMANCE INSTITUTE Cancelled - Section 8 78314310 3111131
Prosecution History
1 FILED AND FEE Jun 29, 2011
2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Jun 29, 2011 Aug 08, 2011
3 PENDING, INSTITUTED Jun 29, 2011
4 ANSWER Aug 08, 2011
5 P'S MOT TO SUSP PEND SETLMT NEGOTIATIONS Oct 05, 2011
6 SUSPENDED Oct 12, 2011
7 P'S MOT TO SUSP PEND SETLMT NEGOTIATIONS Dec 30, 2011
8 SUSPENDED Jan 05, 2012
9 P'S MOT TO SUSP PEND SETLMT NEGOTIATIONS Feb 27, 2012
10 SUSPENDED Mar 01, 2012
11 P'S MOT TO SUSP PEND SETLMT NEGOTIATIONS Apr 27, 2012
12 SUSPENDED May 01, 2012
13 P'S MOT TO SUSP PEND SETLMT NEGOTIATIONS Jul 26, 2012
14 SUSPENDED Jul 31, 2012
16 SUSPENDED Nov 07, 2012
21 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Apr 23, 2013
22 SUSPENDED Apr 25, 2013
23 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Jun 24, 2013
24 SUSPENDED Jun 26, 2013
25 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Aug 22, 2013
26 SUSPENDED Aug 28, 2013
27 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Oct 23, 2013
29 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Jan 22, 2014
30 SUSPENDED Feb 26, 2014
33 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Jul 21, 2014
35 P CHANGE OF CORRESP ADDRESS Sep 02, 2014
38 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Nov 18, 2014
43 P CHANGE OF CORRESP ADDRESS Mar 16, 2015

44 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Mar 18, 2015
47 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS May 15, 2015
51 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Sep 14, 2015
52 SUSPENDED Sep 22, 2015
53 P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Dec 11, 2015
54 SUSPENDED Dec 16, 2015
59 D CHANGE OF CORRESP ADDRESS Aug 09, 2016
62 W/DRAW OF APPLICATION Nov 07, 2016
63 BD DECISION: DISMISSED W/O PREJ Nov 08, 2016
64 TERMINATED Nov 08, 2016
Type of Proceeding: Cancellation
Number:
Status: Terminated Status Date: Jul 08, 1994
Interlocutory
Attorney:
Defendant
Name: SHIMANO INDUSTRIAL CO., LTD.
Correspondent MOONRAY KOJIMA
Address: 25 WEST 43RD STREET
NEW YORK NY , 10036
UNITED STATES
Associated marks
Serial Registration
Number Number
TITLIST Cancelled - Section 18 72410211 1084407
Plaintiff(s)
Correspondent WILLIAM G. PECAU
Address: PENNIE & EDMONDS
1155 AVENUE OF THE AMERICAS
NEW YORK NY , 10036
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Mar 09, 1993
2 NOTICE SENT; ANSWER DUE (DUE DATE) May 28, 1993 Jul 09, 1993
4 DEF'S RETURNED UNDELIVERABLE Jun 14, 1993
5 SUSPENDED PENDING PUBLICATION Feb 09, 1994
6 SERVICE BY PUBLICATION Mar 15, 1994
7 BOARD'S DECISION: GRANTED May 20, 1994

8 COMMISSIONER'S ORDER CANCELLING REGISTRATION Jul 08, 1994
9 TERMINATED Jul 08, 1994
Proceeding 91083472 Filing Date: Sep 14, 1990
Number:
Status: Terminated Status Date: Feb 04, 1992
Interlocutory MARC BERGSMAN
Attorney:
Defendant
Name: LSI INDUSTRIES INC.
Correspondent DONALD F. FREI
Address: WOOD, HERRON & EVANS
2700 CAREW TOWER
CINCINNATI OH , 45202
UNITED STATES
Associated marks
Serial Registration
Number Number
TITLEIST Abandoned - After Inter-Partes Decision 74012091
Plaintiff(s)
Correspondent MERCER L. STOCKELL
NEW YORK NY , 10036
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Sep 14, 1990
2 NOTICE SENT; ANSWER DUE (DUE DATE) Sep 28, 1990 Nov 07, 1990
3 PENDING, INSTITUTED Sep 28, 1990
4 ANSWER Nov 13, 1990
5 TRIAL DATES SET Nov 30, 1990
6 P'S MOT FOR EXTEN. OF TIME W/ CONSENT Feb 08, 1991
7 P'S MOT FOR EXTEN. OF TIME W/ CONSENT Mar 04, 1991
10 P'S MOT FOR EXTEN. OF TIME W/ CONSENT Jun 12, 1991
12 D'S MOT TO RESUME PROCEEDINGS Aug 19, 1991
13 TRIAL DATES RESET Aug 30, 1991
14 PL'S MOT FOR DEFAULT W/MEMO AND AFFIDAVIT W/EXHIBITS Sep 30, 1991
PL MEMO IN SUPP OF MOT FOR JDGMT BY DEFAULT & ALTERNATIVE MOT TO
15 COMPEL Sep 30, 1991
16 PLT 20 DAYS TO SERVE MOT; DEF 20 DAYS TO RESPONSE Nov 27, 1991
17 PL`S MOT. FOR DEFAULT OR COMPEL Dec 20, 1991
18 PL`S MEMO IN SUPP &AFFDVT OF #17 ` Dec 20, 1991
19 STIP ABANDOMENT OF SN 012,091 Jan 08, 1992
20 BOARD'S DECISION: SUSTAINED Jan 24, 1992
21 TERMINATED Feb 04, 1992
Proceeding 91080967 Filing Date: Aug 10, 1989
Number:
Status: Terminated Status Date: Feb 05, 1990

Interlocutory PAULA T HAIRSTON
Attorney:
Defendant
Name: E.I. DU PONT DE NEMOURS AND COMPANY
Correspondent LOUIS DEL VECCHIO AND MARTHA L. REES
Address: C/O E. I. DU PONT DE NEMOURS AND COMPANY
1007 MARKET STREET
WILMINGTON DE , 19898
UNITED STATES
Associated marks
Serial Registration
Number Number
TITLEIST Abandoned - After Inter-Partes Decision 73763987
Plaintiff(s)
Name: ACUSHMET COMPANY
Correspondent PENNIE & EDMONDS
Address: ATT| MERCER L. STOCKELL
NEW YORK NY , 10036
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Aug 10, 1989
2 NOTICE SENT; ANSWER DUE (DUE DATE) Sep 28, 1989 Nov 07, 1989
3 PENDING, INSTITUTED Sep 28, 1989
4 WITHDRAWAL OF APPLICATION Sep 07, 1989
5 BOARD'S DECISION: SUSTAINED Nov 06, 1989
6 TERMINATED Feb 05, 1990
Proceeding 91063858 Filing Date: Sep 29, 1980
Number:
Status: Terminated Status Date: May 20, 1983
Interlocutory
Attorney:
Defendant
Name: COLUMBIA INDUSTRIES, INC.
Associated marks
Serial Registration
Number Number
TITELINE Abandoned - After Inter-Partes Decision 73210738
Plaintiff(s)
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED Sep 29, 1980
2 PENDING, INSTITUTED Nov 21, 1980
3 ANSWER Dec 22, 1980
4 BOARD'S DECISION: SUSTAINED Nov 29, 1982
5 TERMINATED May 20, 1983

Mark: TITLEIST
US Serial Number: 72376815 Application Filing Nov. 23, 1970

Date:
US Registration 934406 Registration Date: May 23, 1972
Number:
Register: Principal
Mark Information
Elements:
Claim:
Mark Drawing 1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
Type:

Claimed Ownership 0316118
of US
Registrations:
Goods and Services


For: GOLF EQUIPMENT COMPRISING GOLF BALLS, GOLF CLUBS, GOLF BAGS, GOLF GLOVES AND GOLF HEADCOVERS
Class(es):
Basis: 1(a)
First Use: Dec. 1933 Use in Commerce: Dec. 1933


UNITED STATES
Where Organized:
Correspondent
Correspondent LISA ROGAN
333 BRIDGE STREET
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com Lisa_rogan@acushne Correspondent e- Yes
mail: tgolf.com sean_wiggins@acushnetgolf.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Dec. 28, 2017 NOTICE OF SUIT
Nov. 26, 2013 NOTICE OF SUIT
Feb. 06, 2013 NOTICE OF SUIT
May 09, 2012 REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS) 66607
May 09, 2012 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 66607
Apr. 25, 2012 TEAS SECTION 8 & 9 RECEIVED
Apr. 25, 2012 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Oct. 08, 2009 REVIEW OF CORRESPONDENCE COMPLETE 59807
Jun. 20, 2002 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
Jun. 20, 2002 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
Apr. 02, 2002 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
Jul. 01, 1992 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Mar. 18, 1992 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
Mar. 27, 1978 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.

Continued Use:
Incontestability:
Renewal Date: May 23, 2012


File Location

Summary
Total Assignments: 4 Registrant: ACUSHNET COMPANY
Assignment 1 of 4
Documents:
Assignor
Where Organized:

TO-
Where Organized:
Assignee
Where Organized:

Where Organized:
Correspondent
Name:
Assignment 2 of 4
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent

Name:
IRVINE, CA 92614-8255
Assignment 3 of 4
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 4 of 4
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 2
Proceedings:
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
Number:
Attorney:
Defendant

UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
PO BOX 2910
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Prosecution History

Mark: TITLEIST
US Serial Number: 72383144 Application Filing Feb. 08, 1971

Date:
Number:
Register: Principal
Mark Information
Elements:
Claim:
Type:

of US
Registrations:
Goods and Services


For: CLOTHING, MORE SPECIFICALLY, SWEATERS, SHIRTS, AND JACKETS

Class(es):
Basis: 1(a)
First Use: Jan. 1970 Use in Commerce: Jan. 1970


UNITED STATES
Where Organized:
Attorney of Record
Attorney Name: PETER D VOGL
Correspondent
Name/Address: 333 BRIDGE STREET
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com Lisa_rogan@acushne Correspondent e- Yes
mail: tgolf.com sean_wiggins@acushnetgolf.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
May 29, 2014 NOTICE OF SUIT
May 08, 2012 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 70132
Oct. 08, 2009 REVIEW OF CORRESPONDENCE COMPLETE 59807
Jun. 20, 2002 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Apr. 02, 2002 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
May 28, 1992 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Apr. 29, 1992 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
Mar. 27, 1978 REGISTERED - SEC. 8 (6-YR) ACCEPTED

Continued Use:

File Location

Summary
Assignment 1 of 4
Documents:
Assignor
Where Organized:

TO-
Where Organized:
Assignee
Where Organized:

Where Organized:
Correspondent
Name:
Assignment 2 of 4
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 3 of 4
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 4 of 4
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 2
Proceedings:
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
PO BOX 2910
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Prosecution History

Mark: TITLEIST
US Serial Number: 78781730 Application Filing Dec. 28, 2005

Date:
US Registration 3176825 Registration Date: Nov. 28, 2006
Number:
Register: Principal
Status Date: Jan. 28, 2017
Publication Date: Sep. 12, 2006
Mark Information
Elements:
Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
Claim:
Mark Drawing 4 - STANDARD CHARACTER MARK
Type:

Claimed Ownership 0316118, 0933271, 0934406 and others
of US
Registrations:
Goods and Services


For: headwear
International 025 - Primary Class U.S Class(es): 022, 039
Class(es):
Basis: 1(a)


Owner Name: Acushnet Company
Owner Address: 333 Bridge Street
Fairhaven, MASSACHUSETTS 02719
UNITED STATES
Where Organized:
Correspondent
Correspondent ACUSHNET COMPANY
UNITED STATES
Correspondent e- lisa_rogan@acushnetgolf.com andrea_sorell@ac Correspondent e- Yes
mail: ushnetgolf.com tmdept@acushnetgolf.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Jan. 28, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Jan. 28, 2017 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 77315
Jan. 28, 2017 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 77315
Jan. 28, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 77315
Nov. 21, 2016 TEAS SECTION 8 & 9 RECEIVED
Nov. 21, 2016 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Nov. 18, 2016 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Nov. 18, 2016 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Nov. 28, 2015 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
Dec. 01, 2012 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
Dec. 01, 2012 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 77315
Dec. 01, 2012 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 77315
Nov. 05, 2012 TEAS SECTION 8 & 15 RECEIVED
Nov. 05, 2012 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Nov. 28, 2006 REGISTERED-PRINCIPAL REGISTER
Sep. 12, 2006 PUBLISHED FOR OPPOSITION
Aug. 23, 2006 NOTICE OF PUBLICATION
Jul. 20, 2006 LAW OFFICE PUBLICATION REVIEW COMPLETED 70138
Jul. 14, 2006 ASSIGNED TO LIE 70138
Jul. 13, 2006 APPROVED FOR PUB - PRINCIPAL REGISTER
Jul. 11, 2006 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
Jul. 05, 2006 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
Jul. 05, 2006 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Jun. 22, 2006 NON-FINAL ACTION MAILED
Jun. 22, 2006 NON-FINAL ACTION WRITTEN 76635
Jun. 22, 2006 ASSIGNED TO EXAMINER 76635
Jan. 05, 2006 NEW APPLICATION ENTERED IN TRAM


Continued Use:
Incontestability:
Renewal Date: Nov. 28, 2016

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Jan. 28, 2017

Summary
Total Assignments: 3 Registrant: Acushnet Company
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent

Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 3 of 3
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 2
Proceedings:
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
PO BOX 2910
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
TITLEIST
REGISTERED AND RENEWED 78781730 3176825

Prosecution History

Mark: TITLEIST
US Serial Number: 73230709 Application Filing Sep. 10, 1979

Date:
Number:
Register: Principal
Status Date: Jun. 01, 2011
Publication Date: Mar. 03, 1981
Mark Information
Elements:
Claim:
Type:

Claimed Ownership 03161180, 09332710, 09344060
of US
Registrations:
Goods and Services


For: Golf Equipment-Namely, Golf Balls, Golf Clubs and Golf Bags
International 028 - Primary Class U.S Class(es): 022
Class(es):
Basis: 1(a)
First Use: Dec. 20, 1933 Use in Commerce: Dec. 1933



UNITED STATES
Where Organized:
Correspondent
333 BRIDGE STREET
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com Correspondent e- Yes
mail: mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Jun. 21, 2017 NOTICE OF SUIT
Jun. 21, 2017 NOTICE OF SUIT
Feb. 06, 2013 NOTICE OF SUIT
Jun. 01, 2011 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 64591
Jun. 01, 2011 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 64591
Mar. 03, 2010 REVIEW OF CORRESPONDENCE COMPLETE 67657
Mar. 02, 2010 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 67657
Mar. 04, 2008 CASE FILE IN TICRS
Aug. 20, 2001 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Aug. 20, 2001 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
May 25, 2001 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
Nov. 03, 1987 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Apr. 15, 1987 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
May 26, 1981 REGISTERED-PRINCIPAL REGISTER
Mar. 03, 1981 PUBLISHED FOR OPPOSITION
Dec. 09, 1980 NOTICE OF PUBLICATION
Aug. 06, 1980 APPROVED FOR PUB - PRINCIPAL REGISTER
Mar. 11, 1980 ASSIGNED TO EXAMINER
Dec. 20, 1979 ASSIGNED TO EXAMINER

Continued Use:
Incontestability:

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Jun. 01, 2011

Summary
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022

Assignment 3 of 3
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 2
Proceedings:
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
PO BOX 2910
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Prosecution History

Mark: TITLEIST
US Serial Number: 73411655 Application Filing Jan. 31, 1983

Date:
US Registration 1273662 Registration Date: Apr. 10, 1984
Number:
Register: Principal
Status Date: Mar. 04, 2014
Publication Date: Jan. 17, 1984
Mark Information
Elements:
Claim:
Type:

Claimed Ownership 0316118, 1155766 and others
of US
Registrations:
Goods and Services


For: Clothing-Namely, Shirts

Class(es):
Basis: 1(a)


UNITED STATES
Where Organized:
Correspondent
Name/Address: Acushnet Company
333 BRIDGE STREET
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com sean_wiggins@acush Correspondent e- Yes
mail: netgolf.com andrea_sorell@acushnetgolf.com lisa mail Authorized:
_rogan@acushnetgolf.com
Prosecution History
Proceeding
Date Description
Number
Mar. 04, 2014 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Mar. 04, 2014 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 73376
Mar. 04, 2014 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 73376
Mar. 03, 2014 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED 73376
Mar. 03, 2014 TEAS SECTION 8 & 9 RECEIVED
Mar. 03, 2014 TEAS CHANGE OF CORRESPONDENCE RECEIVED
May 06, 2008 CASE FILE IN TICRS
Jun. 15, 2005 FAX SENT
Nov. 05, 2004 FAX SENT
Nov. 03, 2004 FAX SENT
Apr. 23, 2004 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Apr. 23, 2004 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
Apr. 05, 2004 RESPONSE RECEIVED TO POST REG. ACTION - SEC. 8 & 9
Jan. 09, 2004 POST REGISTRATION ACTION MAILED - SEC. 8 & 9
Sep. 29, 2003 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
Feb. 08, 1990 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Nov. 20, 1989 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
Apr. 10, 1984 REGISTERED-PRINCIPAL REGISTER
Jan. 17, 1984 PUBLISHED FOR OPPOSITION
Nov. 30, 1983 NOTICE OF PUBLICATION

Sep. 30, 1983 APPROVED FOR PUB - PRINCIPAL REGISTER

Continued Use:
Incontestability:
Renewal Date: Apr. 10, 2014

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Mar. 04, 2014

Summary
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee

Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 3 of 3
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 2
Proceedings:
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration

Number Number
Plaintiff(s)
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
PO BOX 2910
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Prosecution History

Mark: PRO V1
US Serial Number: 76143347 Application Filing Oct. 10, 2000

Date:
US Registration 2806919 Registration Date: Jan. 20, 2004
Number:
Register: Principal
Status Date: Sep. 12, 2013
Publication Date: Dec. 18, 2001 Notice of Apr. 15, 2003
Allowance Date:
Mark Information
Mark Literal PRO V1
Elements:
Claim:
Type:
Goods and Services


For: GOLF BALLS

International 028 - Primary Class U.S Class(es): 022, 023, 038, 050
Class(es):
Basis: 1(a)
First Use: Dec. 2000 Use in Commerce: Dec. 2000

Filed Use: No Currently Use: Yes Amended Use: No
Filed ITU: Yes Currently ITU: No Amended ITU: No


UNITED STATES
Where Organized:
Attorney of Record
Attorney Name: Peter D. Vogl Docket Number: 6202-777-999
Correspondent
333 Bridge Street
UNITED STATES
Phone: 508-979-2000
mail: netgolf.com andrea_sorell@acushnetgolf.com lisa mail Authorized:
_rogan@acushnetgolf.com
Prosecution History
Proceeding
Date Description
Number
Sep. 12, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Sep. 12, 2013 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 69471
Sep. 12, 2013 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 69471
Sep. 04, 2013 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED 69471
Sep. 12, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 69471
Sep. 04, 2013 TEAS SECTION 8 & 9 RECEIVED
Sep. 04, 2013 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jan. 10, 2010 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 67723
Jan. 09, 2010 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 67723
Jan. 06, 2010 TEAS SECTION 8 & 15 RECEIVED
Dec. 07, 2009 REVIEW OF CORRESPONDENCE COMPLETE 76293
Dec. 07, 2009 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76293
Jan. 20, 2004 REGISTERED-PRINCIPAL REGISTER
Nov. 20, 2003 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
Nov. 18, 2003 ASSIGNED TO EXAMINER 59851
Nov. 17, 2003 CASE FILE IN TICRS
Nov. 07, 2003 STATEMENT OF USE PROCESSING COMPLETE
Oct. 14, 2003 USE AMENDMENT FILED
Oct. 14, 2003 PAPER RECEIVED
Apr. 15, 2003 NOA MAILED - SOU REQUIRED FROM APPLICANT
Aug. 21, 2002 ASSIGNED TO EXAMINER 59851
Jan. 07, 2002 EXTENSION OF TIME TO OPPOSE RECEIVED
Dec. 18, 2001 PUBLISHED FOR OPPOSITION
May 09, 2001 CORRESPONDENCE RECEIVED IN LAW OFFICE
Apr. 03, 2001 NON-FINAL ACTION MAILED

Continued Use:
Incontestability:
Renewal Date: Jan. 20, 2014

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Sep. 12, 2013

Summary
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 3 of 3
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Mark: TITLEIST #1 BALL IN GOLF.
US Serial Number: 73756857 Application Filing Oct. 11, 1988

Date:
US Registration 1601034 Registration Date: Jun. 12, 1990
Number:
Register: Principal
Status Date: Apr. 26, 2010
Mark Information
Mark Literal TITLEIST #1 BALL IN GOLF.
Elements:
Claim:
Type:
Acquired In part
Distinctiveness
Claim:
Distinctiveness AS TO THE WORDS "#1 BALL IN GOLF"
Limitation
Statement:

Claimed Ownership 0316118, 1273662 and others
of US
Registrations:
Goods and Services


For: GOLF BALLS

Class(es):
Basis: 1(a)
First Use: 1978 Use in Commerce: 1978


UNITED STATES
Where Organized:
Attorney of Record
Attorney Name: PETER D. VOGL
Correspondent
Name/Address: KELLEY DRYE & WARREN LLP
3050 K ST NW STE 400
WASHINGTON, DISTRICT OF COLUMBIA 20007
UNITED STATES
Phone: 202-342-8851 Fax: 202-342-8451
Prosecution History
Proceeding
Date Description
Number
Apr. 26, 2010 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 75184
Apr. 22, 2010 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 75184
Apr. 07, 2010 REVIEW OF CORRESPONDENCE COMPLETE 77315
Dec. 05, 2008 CASE FILE IN TICRS
Jan. 24, 2001 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Jan. 24, 2001 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
Jun. 12, 2000 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
Jul. 25, 1996 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Apr. 26, 1996 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
Jun. 12, 1990 REGISTERED-PRINCIPAL REGISTER
Feb. 17, 1990 NOTICE OF PUBLICATION
Dec. 21, 1989 APPROVED FOR PUB - PRINCIPAL REGISTER
Oct. 23, 1989 CORRESPONDENCE RECEIVED IN LAW OFFICE
Aug. 30, 1989 NON-FINAL ACTION MAILED
Jul. 17, 1989 CORRESPONDENCE RECEIVED IN LAW OFFICE
Jan. 13, 1989 NON-FINAL ACTION MAILED
Dec. 15, 1988 ASSIGNED TO EXAMINER 59580

Continued Use:

Incontestability:
Renewal Date: Jun. 12, 2010

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Apr. 26, 2010

Summary
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:

Address: SUITE 1000
NEW YORK, NY 10022
Assignment 3 of 3
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 3
Proceedings:
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
UNITED STATES

Associated marks
Serial Registration
Number Number
Prosecution History
Number:
Attorney:
Defendant
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
PO BOX 2910
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number

Prosecution History

Number:
Status: Terminated Status Date: Oct 08, 1992
Interlocutory
Attorney:
Defendant
Name: A. J. POWELL
Correspondent RICHARD L. BYRNE
Address: WEBB, BURDEN, ZIESENHEIM & WEBB, P.C.
700 KOPPERS BUILDING 436 SEVENTH AVENUE
PITTSBURGH PA , 15219-1818
UNITED STATES
Associated marks
Serial Registration
Number Number
1 Abandoned - After Inter-Partes Decision 74179464
Plaintiff(s)
NEW YORK NY , 10036
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
2 NOTICE SENT; ANSWER DUE (DUE DATE) Jul 02, 1992 Aug 11, 1992
3 PENDING, INSTITUTED Jul 02, 1992
4 WITHDRAWAL OF APPLICATION Aug 03, 1992
5 WITHDRAWAL OF OPPOSITION Aug 24, 1992
6 BD'S DECISION: DISMISSED W/O PREJUDICE Sep 24, 1992
7 TERMINATED Oct 08, 1992
Mark: #1 BALL IN GOLF
US Serial Number: 85101077 Application Filing Aug. 05, 2010

Date:
US Registration 3943732 Registration Date: Apr. 12, 2011
Number:
Filed as TEAS Yes Currently TEAS Yes
Plus: Plus:
Register: Principal
Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.
Status Date: Jul. 05, 2016
Publication Date: Jan. 25, 2011
Mark Information
Mark Literal #1 BALL IN GOLF
Elements:
Claim:
Type:
Acquired In whole
Distinctiveness
Claim:

of US
Registrations:
Goods and Services


For: Golf balls

Class(es):
Basis: 1(a)
First Use: 1978 Use in Commerce: 1978



UNITED STATES
Where Organized:
Correspondent
Correspondent Acushnet Company
Name/Address: 333 Bridge Street
FAIRHAVEN, MASSACHUSETTS 02719-0965
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com Correspondent e- Yes
mail: mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Jul. 05, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
Jul. 05, 2016 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76985
Jul. 05, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76985
Apr. 12, 2016 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
Apr. 12, 2011 REGISTERED-PRINCIPAL REGISTER
Jan. 25, 2011 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Jan. 25, 2011 PUBLISHED FOR OPPOSITION
Dec. 18, 2010 LAW OFFICE PUBLICATION REVIEW COMPLETED 74221
Dec. 18, 2010 ASSIGNED TO LIE 74221
Nov. 28, 2010 APPROVED FOR PUB - PRINCIPAL REGISTER
Nov. 20, 2010 ASSIGNED TO EXAMINER 81093
Aug. 12, 2010 NOTICE OF PSEUDO MARK MAILED
Aug. 11, 2010 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Aug. 09, 2010 NEW APPLICATION ENTERED IN TRAM

Continued Use:
Incontestability:

File Location
Current Location: TMO LAW OFFICE 113 Date in Location: Jul. 05, 2016

Summary
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 3 of 3

Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Mark: FJ
US Serial Number: 74285776 Application Filing Jun. 17, 1992

Date:
US Registration 1748627 Registration Date: Jan. 26, 1993
Number:
Register: Principal
Status Date: Feb. 01, 2013
Publication Date: Nov. 03, 1992
Mark Information
Mark Literal FJ
Elements:
Claim:
Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
Type:
Design Search 26.01.02 - Plain single line circles; Circles, plain single line
Code(s):

Claimed Ownership 1061739, 1123327, 1163848, 1659859 and others
of US
Registrations:
Goods and Services


For: gloves and footwear

Class(es):
Basis: 1(a)
First Use: Mar. 1969 Use in Commerce: Mar. 1969



UNITED STATES
Where Organized:
Attorney of Record
Docket Number: 6205-032-999
Correspondent
333 BRIDGE STREET
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com lisa_rogan@acushnet Correspondent e- Yes
mail: golf.com sean_wiggins@acushnetgolf.com TMdep mail Authorized:
t@acushnetgolf.com andrea_sorell@acushnetgolf
.com
Prosecution History
Proceeding
Date Description
Number
Feb. 01, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Feb. 01, 2013 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 68502
Feb. 01, 2013 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 68502
Feb. 01, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 68502
Jan. 16, 2013 TEAS SECTION 8 & 9 RECEIVED
Apr. 07, 2010 REVIEW OF CORRESPONDENCE COMPLETE 77315
Jun. 02, 2008 CASE FILE IN TICRS
Mar. 13, 2003 AMENDMENT UNDER SECTION 7 - ISSUED
Mar. 12, 2003 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Mar. 12, 2003 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
Dec. 12, 2002 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
Dec. 12, 2002 PAPER RECEIVED
May 27, 1999 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Jan. 06, 1999 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
Jan. 26, 1993 REGISTERED-PRINCIPAL REGISTER
Nov. 03, 1992 PUBLISHED FOR OPPOSITION
Oct. 08, 1992 NOTICE OF PUBLICATION


Continued Use:
Incontestability:
Renewal Date: Jan. 26, 2013
Change in Yes
Registration:
Amendment to a The drawing is amended to appear as follows: PUBLISH NEW CUT
Registration/Renewal
Certificate:

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Feb. 01, 2013

Summary
Total Assignments: 4 Registrant: FOOT-JOY, INC.
Assignment 1 of 4
Conveyance: MERGER EFFECTIVE MARCH 31, 1995
Date Recorded: May 23, 1995
Documents:
Assignor
Name: FOOT-JOY, INC. Execution Date: Mar. 22, 1995
Where Organized:
Assignee
Where Organized:
Correspondent
Name:
Correspondent MERCER L. STOCKELL, ESQ.
Address: 1155 AVENUE OF THE AMERICAS
NEW YORK, NY 10036
Assignment 2 of 4
Documents:
Assignor

Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 3 of 4
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 4 of 4
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:

Correspondent
Name:
Proceedings
Summary
Number of 3
Proceedings:
Proceeding 91124337 Filing Date: Jan 03, 2001
Number:
Status: Terminated Status Date: Oct 26, 2001
Interlocutory GEORGE POLOGEORGIS
Attorney:
Defendant
Name: PAUL CARTER
Correspondent THOMAS J. TIGHE
Address: TIGHE & ASSOCIATES
6265 GREENWICH STE 103
SAN DIEGO , CA 9 , 2122-05916
Associated marks
Serial Registration
Number Number
FD Abandoned - After Inter-Partes Decision 75659564
Plaintiff(s)
Correspondent PETER D. VOGEL
Address: PENNIE & EDMONDS LLP
NEW YORK NY , 10036
UNITED STATES
Associated marks
Serial Registration
Number Number
FJ REGISTERED AND RENEWED 74285776 1748627
Prosecution History
1 FILED AND FEE Jan 03, 2001
2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Oct 26, 2001 Dec 05, 2001
3 PENDING, INSTITUTED Oct 26, 2001
4 NOTICE OF DEFAULT May 31, 2002
Proceeding 91121137 Filing Date: Nov 15, 2000
Number:
Interlocutory ANDREW P BAXLEY
Attorney:
Defendant
Name: PAUL CARTER
Correspondent THOMAS J. TIGHE
Address: TIGHE & ASSOCIATES
6265 GREENWICH DRIVE SUITE 103
SAN DIEGO CA , 92122-5916
UNITED STATES
Associated marks
Serial Registration
Number Number
FD Abandoned - After Inter-Partes Decision 75680821
Plaintiff(s)
Correspondent COLLEEN M. KEEGAN
Address: PENNIE & EDMONDS LLP
NEW YORK NY , 10036
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Nov 15, 2000
2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Nov 30, 2000 Jan 09, 2001
4 NOTICE OF DEFAULT Jun 04, 2001
5 BOARD'S DECISION: SUSTAINED Aug 20, 2001
Proceeding 91112658 Filing Date: Dec 23, 1998
Number:
Status: Terminated Status Date: Jun 08, 1999
Interlocutory LINDA M SKORO
Attorney:
Defendant
Name: THE ARNOLD PALMER GOLF COMPANY
Correspondent DOUGLAS T. JOHNSON
Address: MILLER & MARTIN
1000 VOLUNTEER BUILDING 832 GEORGIA AVENUE
CHATTANOOGA TN , 37402-2289
UNITED STATES
Associated marks
Serial Registration
Number Number
TJ Abandoned - After Inter-Partes Decision 75407930
Plaintiff(s)
Correspondent PETER D. VOGL
NEW YORK NY , 10036-2711
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Dec 23, 1998
2 NOTICE SENT; TRIAL DATES RESET; ANSWER DUE Jan 22, 1999 Mar 03, 1999
3 PENDING, INSTITUTED Jan 22, 1999
4 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Mar 05, 1999
5 DEF'S EXPRESS ABAND. OF APPLICATION. May 07, 1999
6 PL'S DISMISSAL OF OPP. W/CON. May 07, 1999

7 BD'S DECISION: DISMISSED W/O PREJUDICE Jun 08, 1999
8 TERMINATED Jun 08, 1999
Mark: FJ
US Serial Number: 76385928 Application Filing Mar. 21, 2002

Date:
US Registration 2697555 Registration Date: Mar. 18, 2003
Number:
Register: Principal
Status Date: Feb. 28, 2013
Publication Date: Dec. 24, 2002
Mark Information
Mark Literal FJ
Elements:
Claim:
Type:

Claimed Ownership 1061739, 1123327, 1748627, 2274304 and others
of US
Registrations:
Goods and Services


For: VESTS, JACKETS, PANTS, BELTS, HATS, GOLF SHOES, AND SOCKS
Class(es):
Basis: 1(a)
For: GOLF GLOVES

Class(es):
Basis: 1(a)



UNITED STATES
Where Organized:
Attorney of Record
Attorney Name: Nancy H. Lutz Docket Number: 766202-1388
Correspondent
333 Bridge Street
UNITED STATES
Phone: 508-979-2000
mail: netgolf.com andrea_sorell@acushnetgolf.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Feb. 28, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Feb. 28, 2013 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 76533
Feb. 28, 2013 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 76533
Feb. 26, 2013 TEAS SECTION 8 & 9 RECEIVED
Feb. 26, 2013 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Aug. 01, 2008 CASE FILE IN TICRS
May 22, 2008 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76533
Mar. 18, 2003 REGISTERED-PRINCIPAL REGISTER
Dec. 24, 2002 PUBLISHED FOR OPPOSITION
Dec. 04, 2002 NOTICE OF PUBLICATION
Sep. 25, 2002 APPROVED FOR PUB - PRINCIPAL REGISTER
Sep. 11, 2002 CORRESPONDENCE RECEIVED IN LAW OFFICE
Sep. 11, 2002 PAPER RECEIVED
Jul. 24, 2002 NON-FINAL ACTION MAILED
Jul. 23, 2002 ASSIGNED TO EXAMINER 76851

Continued Use:
Incontestability:
Renewal Date: Mar. 18, 2013

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Feb. 28, 2013

Summary
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee
Where Organized:

SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 3 of 3
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Mark: FOOTJOY
US Serial Number: 71288745 Application Filing Aug. 20, 1929

Date:
Number:
Register: Principal
TM5 Common Status LIVE/REGISTRATION/Issued and Active
Descriptor:
The trademark application has been registered with the Office.

Status Date: Apr. 27, 2010
Mark Information
Mark Literal FOOTJOY
Elements:
Claim:
Type:

of US
Registrations:
Publish Previously Yes
Registered Mark:
Previously Jan. 04, 1949
Registered Mark
Publication Date:
Goods and Services


For: BOOTS AND SHOES MADE OF LEATHER AND COMBINATIONS OF LEATHER AND FABRIC
Class(es):
Basis: 1(a)
First Use: May 1920 Use in Commerce: May 1920



FAIRHAVEN, MASSACHUSETTS UNITED STATES 027194900
Where Organized:
Correspondent
Correspondent TROY LESTER
333 BRIDGE STREET
FAIRHAVEN, MASSACHUSETTS UNITED STATES 02719-4900
Prosecution History
Proceeding
Date Description
Number
Apr. 27, 2010 REGISTERED AND RENEWED (FIFTH RENEWAL - 10 YRS) 73376
Apr. 20, 2010 SEC 7 REQUEST FILED 73376
Apr. 27, 2010 AMENDMENT UNDER SECTION 7 - ISSUED 73376
Apr. 20, 2010 TEAS SECTION 7 REQUEST RECEIVED
Apr. 20, 2010 TEAS SECTION 7 REQUEST RECEIVED
Jun. 19, 2009 REVIEW OF CORRESPONDENCE COMPLETE 61619
Jan. 09, 2009 CASE FILE IN TICRS
Apr. 01, 2006 REGISTERED AND RENEWED (FOURTH RENEWAL - 10 YRS) 73376
Nov. 03, 2004 FAX RECEIVED
May 27, 1990 REGISTERED AND RENEWED (THIRD RENEWAL - 20 YRS)
May 17, 1990 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8 67657
Sep. 27, 1970 REGISTERED AND RENEWED (SECOND RENEWAL - 20 YRS)
May 27, 1970 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8
Jan. 04, 1955 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Nov. 30, 1954 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
Jun. 15, 1950 REGISTERED AND RENEWED (FIRST RENEWAL - 20 YRS) 67657
May 27, 1950 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8 67657
Jan. 04, 1949 PUBLISHED SECTION 12(C) 67657
Dec. 08, 1947 SECTION 12(C) AFFIDAVIT FILED 67657

Continued Use:
Incontestability:

Change in Yes
Registration:
Amendment to a In the Statement, Column 2, a standard character claim is inserted, and, the drawing is amended to appear as follows: FOOTJOY
Certificate:

File Location
Current Location: POST REGISTRATION Date in Location: Jun. 11, 2010

Summary
Total Assignments: 8 Registrant: FIELD & FLINT CO.
Assignment 1 of 8
Conveyance: ASSIGNS THE ENTIRE INTEREST, AND THE GOOD WILL OF THE BUSINESS IN WHICH SAID MARK IS USED.
Date Recorded: Jan. 20, 1958
Documents:
Assignor
Name: FIELD & FLINT CO. Execution Date: Dec. 19, 1957
Where Organized:
Assignee
Name: FIELD AND FLINT, INC.
Where Organized:
Address: 43 ENTERPRISE ST.
BROCKTON, MASSACHUSETTS
Correspondent
Correspondent SELIGMAN & SELIGMAN
Name:
Correspondent 295 MADISON AVE.
Address: NEW YORK 17, NY
Assignment 2 of 8
Conveyance: ASSIGNS THE ENTIRE INTEREST, TOGETHER WITH THE GOOD WILL OF THE BUSINESS IN CONNECTION WITH WHICH SAID
MARK IS USED.
Date Recorded: Jun. 02, 1961
Documents:
Assignor
Name: FIELD & FLINT CO. Execution Date: May 31, 1961
Where Organized:
Assignee
Name: BROCKTON FOOTWEAR, INC.
Where Organized:
Address: BROCKTON, MASSACHUSETTS
Correspondent
Correspondent SELIGMAN & SELIGMAN
Name:
Correspondent 295 MADISON AVE.
Address: NEW YORK 17, NY
Assignment 3 of 8
Conveyance: CERTIFICATE BY THE SECRETARY OF THE COMMONWEALTH OF MASSACHUSETTS, SHOWING CHANGES OF NAME ON
MAR. 24, 1920, DEC. 22, 1958 AND APRIL 5, 1973.
Documents:
Assignor
Name: LIBERTY SHOE COMPANY INC.-CHANGED TO- Execution Date: Mar. 12, 1975
Where Organized:
Name: STONE-TARLOW CO., INC. -CHANGED TO= Execution Date: Not Found
Where Organized:
Name: BROCKTON FOOTWEAR, INC.-CHANGED TO- Execution Date: Not Found

Where Organized:
Assignee
Name: FOOT-JOY, INC.
Where Organized:
Correspondent
Correspondent MASON, FENWICK & LAWRENCE
Name:
Correspondent 310 OFC BLDG.
Address: 1730 RHODE ISLAND AVENUE, N.W.
WASHINGTON, DC 20036
Assignment 4 of 8
Conveyance: ASSIGNS AS OF MAY 31, 1961 THE ENTIRE INTEREST AND THE GOOD WILL.
Documents:
Assignor
Name: FIELD AND FLINT, INC. Execution Date: Jun. 28, 1975
Where Organized:
Assignee
Name: BROCKTON FOOTWEAR, INC.
Where Organized:
Address: BROCKTON, MASSACHUSETTS
Correspondent
Correspondent MASON, FENWICK & LAWRENCE
Name:
Correspondent 310 OFC BLDG.
Address: 1730 RHODE ISLAND AVENUE, N.W.
WASHINGTON, DC 20036
Assignment 5 of 8

Documents:
Assignor
Where Organized:
Assignee
Where Organized:
Correspondent
Name:
NEW YORK, NY 10036
Assignment 6 of 8
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 7 of 8
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 8 of 8
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 3
Proceedings:
Proceeding 92048924 Filing Date: Feb 22, 2008
Number:
Interlocutory CHERYL A BUTLER
Attorney:
Defendant
Name: Sunhwan Choi
Correspondent ROBERT J. KENNEY
Address: BIRCH, STEWART, KOLASCH & BIRCH, LLP
P.O. BOX 747
FALLS CHURCH VA UNITED STATES , 22040-0747
Correspondent e- jlm@bks-law.com
mail:
Associated marks
Serial Registration
Number Number
G GREENJOY CLASSIC Cancelled - Section 18 78096924 2931536
Plaintiff(s)
Correspondent Nancy H. Lutz
Address: Kelley Drye & Warren LLP
3050 K Street N.W.
Washington DC UNITED STATES , 20006
Correspondent e- nlutz@kelleydrye.com , ytavakoli@kelleydrye.com
mail:
Associated marks
Serial Registration
Number Number
FOOTJOY EUROPA COLLECTION Cancelled - Section 8 75754497 2381163
MYJOYS REGISTERED AND RENEWED 76529219 2909806
SOFJOY REGISTERED AND RENEWED 74396116 1906660
SOFTJOYS REGISTERED AND RENEWED 73093223 1061752
SOFTJOYS TERRAINS Cancelled - Section 8 75739976 2418835
GREEN-JOYS REGISTERED AND RENEWED 75212880 2118010
DRYJOYS REGISTERED AND RENEWED 73839522 1602461
DRYJOYS Cancelled - Section 8 76975520 2744734
FOOTJOY REGISTERED AND RENEWED 73304591 1198007
FOOT-JOY REGISTERED AND RENEWED 71288745 271260
Prosecution History
1 FILED AND FEE Feb 22, 2008
2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Feb 23, 2008 Apr 03, 2008
3 PENDING, INSTITUTED Feb 23, 2008
4 NOTICE OF DEFAULT Apr 22, 2008
5 BOARD'S DECISION: GRANTED Jun 10, 2008
6 COMMR'S ORDER CANCELLING REGISTRATION Jun 24, 2008
Proceeding 91103979 Filing Date: Nov 06, 1996
Number:
Status: Terminated Status Date: Jan 15, 1998
Interlocutory
Attorney:
Defendant
Name: JO-Y-JO LIMITED
Correspondent LAWRENCE E. ABELMAN
Address: ABELMAN, FRAYNE & SCHWAB
150 EAST 42ND STREET
NEW YORK NY UNITED STATES , 10017-4141
Associated marks
Serial Registration
Number Number
JO-Y-JO Cancelled - Section 8 74702607 2278595
Plaintiff(s)
Correspondent PETER D. VOGL
NEW YORK NY UNITED STATES , 10036-2711
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Nov 06, 1996
2 NOTICE SENT; ANSWER DUE (DUE DATE) Nov 26, 1996 Jan 05, 1997
4 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Jan 03, 1997
5 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Jan 22, 1997
6 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Mar 04, 1997
7 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Apr 28, 1997
8 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Jun 02, 1997
9 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Jul 07, 1997
10 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Sep 02, 1997
11 D'S MOT FOR EXTEN. OF TIME W/ CONSENT Oct 30, 1997
12 DEF'S REQUEST TO AMEND GOODS W/CON Nov 19, 1997
13 WTHDRWL OF OPP Dec 29, 1997
14 BD'S DECISION: DISMISSED W/O PREJUDICE Jan 15, 1998
15 TERMINATED Jan 15, 1998
Proceeding 91080091 Filing Date: Mar 10, 1989
Number:
Interlocutory GEORGE D HOHEIN
Attorney:
Defendant
Name: 88 IMPORTS, INC.
Correspondent KU & FONG
Address: 609 SOUTH GRAND AVE. SUITE 1000
LOS ANGELES CA UNITED STATES , 90017
Associated marks
Serial Registration
Number Number
BOTTOM JOY Abandoned - After Inter-Partes Decision 73752435
Plaintiff(s)
Address: ATT: MERCER L. STOCKELL
NEW YORK NY UNITED STATES , 10036
Associated marks
Serial Registration
Number Number
Prosecution History
1 OPP IN DULP & FEE Mar 10, 1989
2 NOTICE SENT; ANSWER DUE (DUE DATE) Mar 30, 1989 May 09, 1989
3 PENDING, INSTITUTED Mar 30, 1989
4 ANSWER May 15, 1989
5 RESPONSE RE LATE ANSWER DUE 7-3-89 Jun 13, 1989
6 RESPONSE RE LATE ANSWER Jun 30, 1989
7 TRIAL DATES SET Jul 13, 1989
8 WITHDRAWAL OF APPLICATION Jan 30, 1990
9 WITHDRAWAL OF OPPOSITION Jan 30, 1990
10 APPLICATION ABANDONED Mar 26, 1990

11 BD'S DECISION: DISMISSED W/O PREJUDICE Mar 26, 1990
Mark: FOOTJOY
US Serial Number: 73304591 Application Filing Apr. 06, 1981

Date:
Number:
Register: Principal
Status Date: Jun. 16, 2012
Mark Information
Elements:
Claim:
Type:

of US
Registrations:
Goods and Services


For: DRESS SHOES, CASUAL SHOES, GOLF SHOES, ATHLETIC SHOES, BELTS, SOCKS AND GOLF GLOVES
Class(es):
Basis: 1(a)
First Use: May 1920 Use in Commerce: May 1920


UNITED STATES
Where Organized:
Attorney of Record
Attorney Name: PETER D. VOGL
Correspondent
Name/Address: Acushnet Company
333 BRIDGE STREET
UNITED STATES
Phone: 508-979-2000
Correspondent e- TMdept@acushnetgolf.com lisa_rogan@acushnet Correspondent e- Yes
mail: golf.com sean_wiggins@acushnetgolf.com TMdep mail Authorized:
t@acushnetgolf.com andrea_sorell@acushnetgolf
.com
Prosecution History
Proceeding
Date Description
Number
Jun. 16, 2012 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Jun. 16, 2012 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 69471
Jun. 16, 2012 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 69471
Jun. 16, 2012 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 69471
Jun. 08, 2012 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 08, 2012 TEAS SECTION 8 & 9 RECEIVED
Mar. 03, 2010 REVIEW OF CORRESPONDENCE COMPLETE 67657
Mar. 02, 2010 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 67657
Mar. 27, 2008 CASE FILE IN TICRS
Oct. 10, 2002 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
Oct. 10, 2002 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
Aug. 21, 2002 AMENDMENT UNDER SECTION 7 - ISSUED
Nov. 04, 1988 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Oct. 24, 1988 RESPONSE RECEIVED TO POST REG. ACTION
Oct. 11, 1988 POST REGISTRATION ACTION MAILED - SEC. 8 & 15
Jun. 09, 1988 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED

Continued Use:
Incontestability:
Change in Yes
Registration:
Amendment to a The drawing is amended to appear as follows: FOOTJOY
Certificate:

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Jun. 16, 2012

Summary
Total Assignments: 4 Registrant: FOOT-JOY, INC.
Assignment 1 of 4
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
Correspondent
Name:
NEW YORK, NY 10036
Assignment 2 of 4
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 3 of 4
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent
Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 4 of 4
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 3
Proceedings:
Number:
Attorney:
Defendant
Name: Sunhwan Choi
P.O. BOX 747
FALLS CHURCH VA , 22040-0747
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
3050 K Street N.W.
Washington DC , 20006
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Prosecution History

Proceeding 91087185 Filing Date: Mar 16, 1992
Number:
Status: Terminated Status Date: Mar 04, 1993
Interlocutory GERARD F ROGERS
Attorney:
Defendant
Name: CYI KWO INDUSTRY CO.
Correspondent KAM LOUIE
Address: 200 S. ROBLES AVENUE SUITE 500
PASADENA CA , 91101
UNITED STATES
Associated marks
Serial Registration
Number Number
JOE & JOY Abandoned - After Inter-Partes Decision 74047057
Plaintiff(s)
NEW YORK NY , 10036-2711
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Mar 16, 1992
2 NOTICE SENT; ANSWER DUE (DUE DATE) May 06, 1992 Jun 15, 1992
4 NOTICE OF DEFAULT Sep 16, 1992
5 BOARD'S DECISION: SUSTAINED Feb 19, 1993
6 TERMINATED Mar 04, 1993
Proceeding 91072466 Filing Date: Aug 27, 1985
Number:
Interlocutory
Attorney:
Defendant
Name: JOY FOOT, INC.
Correspondent CHARLES I. BRODSKY
Address: 9 SOUTH MAIN STREET
MARLBORO NJ , 07746
UNITED STATES
Associated marks
Serial Registration
Number Number
JOY FOOT Abandoned - After Inter-Partes Decision 73483992
Plaintiff(s)
Address: DAVID C. STIMSON
C/O ROGERS HOGE AND HILLS 90 PARK AVENUE
NEW YORK NY , 10016
UNITED STATES
Associated marks
Serial Registration
Number Number
Prosecution History
1 FILED AND FEE Aug 27, 1985
2 NOTICE SENT; ANSWER DUE (DUE DATE) Oct 21, 1985 Dec 02, 1985
3 PENDING, INSTITUTED Oct 21, 1985
4 ANSWER Nov 29, 1985
5 TRIAL DATES SET Dec 16, 1985
7 TRIAL DATES RESET Apr 23, 1986
8 P'S MOT FOR EXTEN. OF TIME W/ CONSENT Jun 09, 1986
9 TRIAL DATES RESET Jun 18, 1986
10 P'S MOT TO SUSP PEND SETLMT NEGOT W CNST Jul 11, 1986
12 DEFENDANT'S REQUEST TO RESUME Feb 25, 1987
13 PLAINTIFF'S MOTION TO SUSPEND PENDING CIVIL ACTION Mar 06, 1987
14 SUSPENDED PENDING DISP OF CIVIL ACTION Oct 26, 1987
15 CA DECISION Dec 17, 1987
16 BOARD'S DECISION: SUSTAINED Jan 12, 1988
Mark: FOOTJOY
US Serial Number: 75290602 Application Filing May 09, 1997

Date:
Number:
Register: Principal
Mark Information
Elements:
Claim:
Type:

Claimed Ownership 0271260, 1198007, 1386051
of US
Registrations:
Goods and Services


For: articles of clothing, namely, jackets, pullovers, pants, rainwear, socks, gloves, hats and visors
Class(es):
Basis: 1(a)
First Use: Aug. 14, 1996 Use in Commerce: Aug. 14, 1996


UNITED STATES
Where Organized:
Correspondent
Correspondent ACUSHNET COMPANY
UNITED STATES
Correspondent e- tmdept@acushnetgolf.com andrea_sorell@acush Correspondent e- Yes
mail: netgolf.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
May 29, 2018 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 66607
Dec. 12, 2007 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 61619
Dec. 12, 2007 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
Dec. 10, 2007 ASSIGNED TO PARALEGAL 61619
Dec. 07, 2007 TEAS SECTION 8 & 9 RECEIVED
Aug. 13, 2007 CASE FILE IN TICRS
Jan. 28, 2004 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
Nov. 12, 2003 AMENDMENT UNDER SECTION 7 - ISSUED
Sep. 24, 2003 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
Sep. 24, 2003 SEC 7 REQUEST FILED
Feb. 13, 1998 NOTICE OF PUBLICATION
Jan. 12, 1998 APPROVED FOR PUB - PRINCIPAL REGISTER
Jan. 09, 1998 ASSIGNED TO EXAMINER 72148

Continued Use:
Incontestability:

Amendment to a The drawing is amended to appear as follows: FOOTJOY
Certificate:

File Location

Summary
Assignment 1 of 3
Documents:
Assignor
Where Organized:
Assignee
POLICY BANK
Correspondent
Name:
IRVINE, CA 92614-8255
Assignment 2 of 3
Documents:
Assignor
Where Organized:
Assignee
Where Organized:
SUITE 250
Correspondent

Name:
Address: SUITE 1000
NEW YORK, NY 10022
Assignment 3 of 3
Documents:
Assignor
POLICY BANK
Assignee
Where Organized:
Correspondent
Name:
Proceedings
Summary
Number of 1
Proceedings:
Number:
Attorney:
Defendant
Name: Sunhwan Choi
P.O. BOX 747
FALLS CHURCH VA , 22040-0747
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Plaintiff(s)
3050 K Street N.W.

Washington DC , 20006
UNITED STATES
mail:
Associated marks
Serial Registration
Number Number
Prosecution History
EXHIBIT B
Copy of Acushnet's
U.S. Design Patent D763,682 S
EXHIBIT C
Screenshots from Defendant’s website

(www.golfgodsonline.com) showing
pricing in US Dollars and
examples of real-time notifications of recent
purchases of Infringing Products by consumers
in the United States
EXHIBIT D

(www.golfgodsonline.com) showing
examples of U.S. consumer testimonials
EXHIBIT E

(www.golfgodsonline.com) showing examples of
the Infringing Products, as advertised, promoted,
and offered for sale

Acushnet v. Golf Gods - Amended Complaint

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Acushnet v. Golf Gods - Amended Complaint

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Case 1:18-cv-12093-JCB Document 6 Filed 10/15/18 Page 1 of 20

UNITED STATES DISTRICT COURT

ACUSHNET COMPANY, Case No. 1:18-cv-12093

Plaintiff, DEMAND FOR JURY TRIAL

GOLF GODS PTY LTD,

FIRST AMENDED COMPLAINT

Plaintiff Acushnet Company (“Plaintiff” or “Acushnet”) brings this complaint for

under the common law of Massachusetts.

2. Defendant is advertising, promoting, offering for sale, selling, and distributing

hereafter referred to as “Infringing Products.”

3. Additionally, Defendant is advertising, promoting, offering for sale, selling, and

commercial impression to a unique, distinctive, and non-functional trade dress, as shown in

is hereafter referred to as the “Infringing Trade Dress.”

Marks are hereafter referred to as “Acushnet Products.”

6. Defendant is a proprietary limited company organized under the laws of Australia,

having a place of business at 12 B Konando Terrace, Edwardstown, South Australia 5039,

JURISDICTION AND VENUE

supplemental jurisdiction over Plaintiff’s state-law claims pursuant to 28 U.S.C. § 1367(a)

District of Massachusetts pursuant to 28 U.S.C. § 1391(b)(2), because Defendant transacts

action may otherwise be brought as provided in 28 U.S.C. § 1391(b).

ACUSHNET’S ACTIVITIES AND ITS TRADEMARKS

9. Acushnet is a global leader in the design, development, manufacture, and

promoting the Acushnet Products throughout the world.

13. Acushnet’s continuous widespread promotion and use of the TITLEIST

source of those goods.

Acushnet had more than $437 million in sales of FOOTJOY products.

Acushnet Marks Registration Nos.

#1 BALL IN GOLF 3943732

271260, 1198007, 2163931

connection with the goods identified therein.

designation of source of the goods offered and provided by Acushnet.

21. By virtue of the inherent strength or acquired distinctiveness of the Acushnet

Acushnet Marks have long become famous.

Exemplary Figures from the D682 Patent

DEFENDANT’S UNLAWFUL ACTS

23. Defendant operates an interactive website (www.golfgodsonline.com) through

consumer testimonials on Defendant’s website are attached as Exhibit D.

or the Acushnet Trade Dress.

25. As shown below, each of the Infringing Marks is essentially identical in

Acushnet Marks Infringing Marks

BALL IN GOLF marks.

Acushnet Trade Dress Infringing Trade Dress

Infringing Marks Infringing Products

(www.golfgodsonline.com) are attached as Exhibit E.

affiliated in some way with Plaintiff.

intentionally creates an unwholesome and undesirable association—one involving patently

identity and reputation of the Acushnet Marks.

the disparagement of women.

Dress and the famous Acushnet Marks.

INJURY TO ACUSHNET AND THE PUBLIC

interest in being free from confusion and deception.

confusion or mistake, or to deceive, as to the source or origin of Defendant’s Infringing Products,

them noticed it til I said something. LOLLLLLL”).

37. Acushnet has no adequate remedy at law.

FIRST CLAIM FOR RELIEF

through 37 of this Complaint.

to deceive, as to the origin, sponsorship, or approval of Defendant’s Infringing Products and

commercial activities, and thus constitute trademark infringement of Plaintiff’s federally

registered trademarks referred to in Paragraph 18 above in violation of Section 32(1) of the

Lanham Act, 15 U.S.C. § 1114(1).

willful and knowing.

has been damaged and will continue to be damaged.

SECOND CLAIM FOR RELIEF

through 41 of this Complaint.