* * * Savannah Morning News, Friday, March 18, 1994 - 30
Augusta National Trademark Infringement Lawsuit Settled
By TONIJ. HEINZL
Morris News Servk*
AUGUSTA, Gfl — They ln«t "Augusta"
to Augusta National Inc., but they kept "Augusta, Georgia," for now.
City merchants have reacted with mixed
emotions since Augusta National Inc. settled its trademark suit this week with Kathie Edwards, owner of Kathie's Special Ts.
The organization that operates the golf
club and hosts the Masters Tournament
sued Kathie's Special T's Inc. and other golf
merchandise retailers last week, claiming
they infringed on the club's protected federal- and state-registered trademarks.
The settlement negotiated in U.S. District Court expands the protection of words,
slogans and designs that Augusta National
The settlement would allow the use of:
officials claim as trademark rights.
• Augusta, Georgia — Golf Capital of the
The settlement decree said the mer- World, for example.
chants cannot manufacture and sell^
• Augusta, Georgia, with any golfing emproducts that feature: ~ ~
ISlem or symbol not protected by Augusta
• Augusta, Georgia — Home of the Mas- National's trademark rights.
ters.
• The outline of the Georgia map with a
• An outline of the Georgia map with a dot or star where Augusta is.
Edwards is allowed to sell her existing
golf flag at the location of Augusta or with
any golfing motif that has a connection to inventory until the end of this year's MasAugusta National and the Masters Tourna- ters — April 10.
"Augusta got 'Augusta, Georgia' back,"
ment.
• "Augusta" as a stand-atone with a golf Edwards said outside the federal courtmotif. The golf club said Augusta in connec- house after the agreement was reached.
"But I'm not happy with what I got," she
tion with golf has become identical with the
said. "I don't like having to give up 'Augusprotected Masters trademarks.
• Type styles, golf designs and emblems ta, Home of the Masters.' I have lived here
all my life and I'm proud to promote my
trademarked by Augusta National
city. This year's shirts will be the last."
She vowed,"! will try to come up with
new slogans with 'Augusta, Georgia.' "
Edwards was the only merchant who refused to sign an amnesty agreement after
Augusta National officials contacted them
last month.
The agreement permits the vendors to
sell their merchandise until April 10, but on
April 13 they will have to turn over the remainder of their goods to the golf club.
After the settlement was reached, Augusta National attorney Patrick J. Rice
said, "It's a win-win situation. It allows the
vendors to sell their products in a way that
it doesn't infringe on the Masters trademark."
U.S. District Judge Dudley H. Bowen
agreed to the terms of the settlement.
The new rules go beyond a court order
that Judge Bowen signed 13 years ago. That
order prevented merchants from using th«s
golf club's registered Masters trademarks
and logos, but Bowen allowed the use of
"Augusta, Georgia," followed in small print"
by "the Home of the Masters/'
Edwards said she could not find a local
lawyer willing to take on Augusta National,
so she hired Atlanta attorney Ronald J.
Doeve.
Doeve praised Edward's courage in the
legal battle of David against Goliath.
"This was about civic pride; she fought
for the rights of merchants to use the name
of their city in connection with golf," Doeve
said.
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