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Conference 7.286::golf

Title:Welcome to the Golf Notes Conference!
Notice:FOR SALE notes in Note 69 please! Intros in note 863 or 61.
Moderator:FUNYET::ANDERSON
Created:Tue Feb 15 1994
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:2129
Total number of notes:21499

768.0. "And on the legal side..." by MSEE::KELLEY (Custom clubs/club repair) Wed Sep 20 1989 16:27

    
    	Here is some news items on the legal side of golf...
    
    	Taylor Made Golf Company won their case when they filed against
    	Tour Golf Ltd., Compass Golf Co., and National Product Systems
    	Inc. for producing metal wood heads with dimple patterns. Taylor
    	claimed that the dimples constituted a company trade mark. It
    	will be likely that any metal wood heads with dimples on them
    	(other then Taylor) will be disappearing from the market (if
    	you want them get them while you can).
    
    	Karsten Manufacturing Corporation (Ping) has files suit against
    	Lynx Golf Company alleging false advertisement. This is in 
    	response to the ad that Lynx has in many publications showing
    	a ball striking test that indicates that Lynx's 5 iron hits
    	the ball farther than does a Ping Eye-2 5 iron. Karstan PING
    	is contending that the Lynx 5 irons were manufatured with less
    	loft than the PING Eye-2, thus the non-equal test conditions
    	constitute false advertising...
    
    	Wilson won its suit against Dunlop and Slazenger. Wilson 
    	claimed that Dunlop and Slazenger violated their patent
    	protecting the dimple configuration of the Ultra...
    
    	And yes Karsten Manufacturing has filed a $100 million
    	suit against the USGA. Resolution is expected to take 1-3
    	years...!
    
    	**** SUCH A FRIENDLY GAME IT IS  - BUT AS A BUSINESS...? ****
    
    	Gene
    	
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768.1Ping - USGACAM::ZIOMEKWed Sep 20 1989 18:077
    On the Ping-USGA suit...
    
    Will there be a restraining order of any type against the USGA to
    allow the use of PING irons during litigation ???
    
    
    John
768.2A little more info on the PING issue...MSEE::KELLEYCustom clubs/club repairWed Sep 20 1989 18:4715
    
    	John,
    
    	The article I got the info from does not mention anything that
    	would answer your question nor have I heard anything along those
    	lines elsewhwere. The USGA hasn't banned them as of yet and
    	I forget now what the latest date was going to be for them to
    	be allowed... The article does mention that during a TV interview
    	that Karstein Solheim said that his efforts to reverse the USGA's
    	square groove measuring method had failed and that his only
    	recourse was to take legal actions. Karsten also said that the
    	PGA was not included in the suit because the PGA's stand was
    	to ban all square grooves...
    
    	Gene
768.3CSCOA3::CONWAY_JFri Sep 22 1989 13:582
    Yes, the Ping suit does ask for such a restraining order (from monday's 
    Atlanta Constitution)
768.4The USGA's side of the story...MSEE::KELLEYCustom clubs/club repairWed Oct 04 1989 14:0766
	The following is a statement by David Fay, the executive director
	of the USGA...

	The United States Golf Association is a not-for-profit organization
	representing thousands of golf clubs and millions of golfers. It was
	organized over 90 years ago for one fundamental purpose - to serve
	the best interests of golf. All of our income is put back into the
	game.
	
	As the central authority of golf in the United States, the USGA has
	certain obligatins and responsibilities. Among these, it is 
	responsible for writing and interpreting the Rules of the game. Some
	of these Rules affect the clubs and the ball. Standards regulating
	clubs have been in effect since 1938.

	For many years these Rules have included a statement advising 
	manufacturers to submit samples of any clubs that might not conform
	to these rules.

	In the early 1980s, the Karsten Manufaturing Corporation produced
	and sold a certain club - the Ping Eye-2 - without submitting a 
	sample. Once we at the USGA became aware of this club, we advised
	Karstem Manufacturing Corporation that it did not conform to the
	Rules of Golf. The grooves on the club face are spaced to closely
	together.

	The USGA told Karsten Manufacturing Corporation of its concern, and
	suggested the company advise those who bought them that these clubs
	do not conform to the Rules.

	Karstan Manufacturing Corporation did not do this. Instead, it
	continued to manufacture and sell a great many of these non-conforming
	clubs.

	A short time ago Karsten Manufacturing Corporation filed suit against
	the United States Golf Association. The USGA will fight that suit.

	By taking golf into the courtroom, Karsten Manufacturing corporation
	places the game at grave risk. The issue becomes whether the USGA and
	the Royal and Ancient Golf Club of St. Andrews, Scotland, can continue
	to write and interpret the Rules of the game. If they can't, then will
	and organization ever again have that right?

	The administration of gold doesn't belong in the courtroom. It belongs
	in the hands of the golfers themselves. Unlike many other games, 
	golfers have always controlled their game. Not those who manufacture
	and sell our equipment, but golfers - those who play the game for
	their own enjoyment.

	This suit puts at risk the right of golfers, through the USGA and
	the R&A, to determine how they want the game to be played. This
	right could be lost.

	In addition to risking your rights, Karsten Manufacturing Corporation
	asks the court to cause the USGA to pay damages of $100 million.

	The United States Golf Association doesn't have $100 million.

	But even if we did, we would still defend our obligation and our
	responsibility to regulate the game and its equipment with all the
	vigor, all the determination, and all the conviction of purpose we
	can command.