001 - Complaint

Case 1:11-cv-23557-XXXX Document 1 Entered on FLSD Docket 09/30/2011 Page 1 of 31
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CASE NO.
ACUSHNET COMPANY, CALLAWAY

GOLF COMPANY, ROGER CLEVELAND
GOLF COMPANY, INC., SRI SPORTS
LIMITED, KARSTEN MANUFACTURING
CORPORATION, and TAYLOR MADE
GOLF COMPANY, INC.
Plaintiffs,
vs.
TANG HAINAN, XUD ZHANG,

and DOES 1-10.
Defendants.
/
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Plaintiffs, Acushnet Company, Callaway Golf Company, Roger Cleveland Golf
Company, Inc., SRI Sports Limited, Karsten Manufacturing Corporation, and Taylor Made Golf
Company, Inc. (collectively "Plaintiffs")1 hereby sue Defendants Tang Hainan (“Hainan”), Xud
Zhang (“Zhang”), and Does 1-10 (collectively “Defendants”), doing business and conspiring to
do business as the domain names identified on Schedules “A” and “B” hereto (the “Subject
Domain Names”) and allege as follows:
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Each Plaintiff is a member of the U.S. Golf Manufacturers Anti-Counterfeiting Working Group
which was founded to combat common sources of counterfeit goods which cause harm to
Plaintiff’s respective brands individually and to the sport of golf in its entirety, which results in
further harm to each Plaintiff’s brand. Since 2004, the U.S. Golf Manufacturers Anti-
Counterfeiting Working Group has worked with international law enforcement and government
agencies to conduct raids and investigations of counterfeit operations, as well as raise public
awareness of the issue.
JURISDICTION AND VENUE
1. This is an action pursuant to 15 U.S.C. §§ 1114, 1116, 1121, and 1125(a) and (d).
Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.
Venue is proper in this Court pursuant 28 U.S.C. § 1391 since Defendants are, upon information
and belief, aliens who engage in infringing activities which are directed at and cause harm within
this District. Defendants are subject to personal jurisdiction in this District because they direct
business activities toward and conduct business with consumers within this District through at
least the fully interactive Internet websites operating under the Subject Domain Names.
THE PLAINTIFFS
2. Plaintiff Acushnet Company (“Acushnet”) is a corporation organized under the
laws of Delaware, having its office and principal place of business at 333 Bridge Street,
Fairhaven, Massachusetts 02719. Acushnet is, in part, engaged in the business of manufacturing
and distributing throughout the world, including within this Judicial District, golf balls, golf
clubs, golf shoes, golf gloves and accessories under multiple world famous common law and
federally registered trademarks including those identified in paragraph 15 below.
3. Plaintiff Callaway Golf Company (“Callaway Golf”) is a corporation organized
under the laws of Delaware, having its office and principal place of business at 2180 Rutherford
Road, Carlsbad, California 92008. Callaway Golf is, in part, engaged in the business of
manufacturing and distributing throughout the world, including within this Judicial District,
high-quality golf clubs, golf balls, and other golf equipment under multiple world famous
common law and federally registered trademarks including those identified in paragraph 24
below.
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4. Plaintiff Roger Cleveland Golf Company, Inc. is a corporation organized under the
laws of California, having its office and principal place of business at 5601 Skylab Road,
Huntington Beach, California 92647. Plaintiff SRI Sports Limited is the parent company of
Roger Cleveland Golf Company, Inc. and a corporation organized and existing under the laws of
Japan, having its principle place of business in Chuo-Ku Kobe Japan. Roger Cleveland Golf
Company, Inc. and SRI Sports Limited shall be jointly referred to herein as Cleveland Golf.
Cleveland Golf is, in part, engaged in the business of manufacturing and distributing throughout
the world, including within this Judicial District, golf equipment and related products under
multiple world famous common law and federally registered trademarks including those
identified in paragraph 33 below.
5. Plaintiff Karsten Manufacturing Corporation (“Karsten”) is a corporation
organized under the laws of Arizona having its office and principal place of business at 2201 W.
Desert Cove, Phoenix, Arizona 85029. Karsten is the parent company of Ping, Inc., which is, in
part, engaged in the business of manufacturing and distributing throughout the world, including
within this Judicial District, high quality golf equipment and related products under multiple
world famous common law and federally registered trademarks including those identified in
paragraph 42 below.
6. Plaintiff Taylor Made Golf Company, Inc., a subsidiary of adidas AG
(“TaylorMade-adidas Golf”), is a corporation organized under the laws of Delaware, having its
office and principal place of business at 5545 Fermi Court, Carlsbad, California 92008.
TaylorMade-adidas Golf is, in part, engaged in the business of manufacturing and distributing
throughout the world, including within this Judicial District, high quality golf equipment and
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related products under multiple world famous common law and federally registered trademarks
including those identified in paragraph 51 below.
THE DEFENDANTS
7. Defendants are individuals who likely reside in the People’s Republic of China.
Defendants conduct business throughout the United States, including within this Judicial District
through the operation of the fully interactive commercial websites existing under the Subject
Domain Names identified on Schedule “A” hereto. Defendants also operate blog style websites
under the Subject Domain Names identified on Schedule “B” hereto, which provide support and
direct consumer traffic to the fully interactive websites operating under the Subject Domain
Names identified on Schedule “A.” Upon information and belief Defendant Hainan uses the
aliases Martin Parker, An Shide, Cai Xiaobai, Cheery Brown, Ed Brownstein, Gary D, Hans
Richmond, Ishiner, Jane Smith, Jitendra Kumar, Judy Steets, Marcus Hamill, Mon Hong, Qiuren
Wei, Roger David, Roger Needles, Tay Craig, Tony Ginger, Wed Cathy, Zhang Bo, and
Zhangxing; and Defendant Zhang uses the aliases Peter Eddison and Chris White, in conjunction
with the operation of the Subject Domain Names. Plaintiffs are presently unaware of the true
names of Does 1-10, although they are generally identified as the owners, operators, partners, or
managing agents of the Subject Domain Names. Plaintiffs will amend this Complaint upon
discovery of the identities of such fictitious Defendants.
8. Defendants are the past and present moving and conscious forces behind the
operation of the commercial Internet websites operating under the Subject Domain Names.
9. Upon information and belief, Defendants engage in the advertisement, offering
for sale and sale of goods bearing counterfeits and infringements of one or more of Plaintiffs’
individual trademarks to consumers within this District through multiple fully interactive
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commercial websites operating under, at least, the Subject Domain Names. Defendants, upon
information and belief, also operate additional websites which promote and offer for sale
counterfeit and infringing goods under domain names not yet known to Plaintiffs. Defendants
have purposefully directed some portion of their illegal activities towards consumers in the State
of Florida through the advertisement, offer to sell, sale and shipment of their counterfeit branded
goods into the State.
10. Upon information and belief, Defendants will continue to register new domain
names for the purpose of selling goods bearing counterfeits of Plaintiffs’ respective trademarks
unless preliminarily and permanently enjoined.
11. Defendants’ entire Internet-based website businesses amount to nothing more
than illegal operations established and operated to infringe the intellectual property rights of
Plaintiffs and others.
12. Defendants have registered, established or purchased, and maintained the Subject
Domain Names. Upon information and belief, Defendants have engaged in fraudulent conduct
with respect to the registration of the Subject Domain Names by providing false and/or
misleading information to their various Registrars during the Registration process.
13. Defendants’ Subject Domain Names and any other domain names used in
connection with the sale of counterfeits bearing Plaintiffs’ respective trademarks are essential
components of Defendants’ counterfeiting and infringing activities and are the means by which
Defendants further their counterfeiting schemes and cause harm to Plaintiffs. Moreover,
Defendants are using Plaintiffs’ respective famous names and trademarks to drive Internet
consumer traffic to their websites operating under the Subject Domain Names, thereby creating
and increasing the value of the Subject Domain Names at Plaintiffs’ expense.
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COMMON FACTUAL ALLEGATIONS
Acushnet’s Business and Trademark Rights
14. Acushnet is one of the world's largest manufacturer and supplier of golf
equipment, including, golf balls marketed under the trademark Titleist. Acushnet introduced the
first Titleist golf ball in 1935. The company’s products are used by many players on the
worldwide professional tour. For many years, products bearing the Acushnet Marks have been
used by golf professionals to win hundreds of professional golf tournaments around the world,
such as the U.S. Open, the Masters, and the Open Championship, and various others events such
as the World Golf Championships.
15. Acushnet is and at all times relevant hereto has been, the owner of all rights in
and to the following trademarks, which are valid and registered on the Principal Register of the
United States Patent and Trademark Office (collectively the “Acushnet Marks”):
Registration Registration
Trademark Class / Goods
Number Date
August 14,
TITLEIST 316,118 IC 028 - golf balls
1934
IC 028 - golf equipment comprising
TITLEIST 934,406 May 23, 1972 golf balls, golf clubs, golf bags, golf
gloves and golf headcovers
IC 028 - golf equipment, namely, golf
1,155,766 May 26, 1981
balls, golf clubs and golf bags
1,601,034 June 12, 1990 IC 028 - golf balls
January 20,
PRO V1 2,806,919 IC 028 - golf balls
2004
August 10,
AP2 3,831,911 IC 028 - golf clubs
2010
August 10,
3,831,914 IC 028 - golf clubs
2010
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The Acushnet Marks are used in connection with the manufacture and distribution of high
quality goods in the categories identified above.
16. The Acushnet Marks have been used in interstate commerce to identify and
distinguish Acushnet's high quality goods for an extended period of time.
17. The Acushnet Marks have never been assigned or licensed to any of the
Defendants in this matter.
18. The Acushnet Marks are a symbol of Acushnet quality, reputation and goodwill
and have never been abandoned.
19. Further, Acushnet has expended substantial time, money and other resources
developing, advertising and otherwise promoting the Acushnet Marks. The Acushnet Marks
qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1)
20. Acushnet has extensively used, advertised and promoted the Acushnet Marks in
the United States in association with the sale of high quality products and has carefully
monitored and policed the use of the Acushnet Marks.
21. The Acushnet Marks have achieved secondary meaning as identifiers high quality
goods as a result of Acushnet’s advertisement, promotion and sale of such goods thereunder.
22. As a result of Acushnet’s efforts, members of the consuming public readily
identify merchandise bearing or sold under the Acushnet Marks, as being high quality
merchandise sponsored and approved by Acushnet.
Callaway Golf’s Business and Trademark Rights
23. Since 1982, Callaway Golf has been involved with the development of some of
golf’s most advanced technology, including the first oversized steel driver known as the Big
Bertha. Many top professional golfers use and/or endorse Callaway Golf’s products.
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24. Callaway Golf is and at all times relevant hereto has been, the owner of all rights
in and to the following trademarks, which are valid and registered on the Principal Register of
the United States Patent and Trademark Office (collectively the “Callaway Golf Marks”):
Number Date
IC 028 - golf clubs, golf bags, golf

club heads, golf club shafts, head
Odyssey 1,704,295 July 28, 1992
covers for golf clubs, hand grips for
golf clubs, and golf balls
IC 024 - golf towels
IC 025 - shirts, sweaters, jackets, hats,
Callaway Golf 2,160,157 May 26, 1998 caps and visors
IC 028 - golf clubs, golf bags, and golf
club head covers
IC 024 - golf towels

IC 025 - shirts, sweaters, jackets, hats,
2,161,569 June 2, 1998 caps, and visors
IC 028 - golf clubs, golf bags, and golf
club head covers
Callaway 2,166,033 June 16, 1998 IC 028 - golf clubs
Callaway 2,360,664 June 20, 2000 IC 028 - golf balls
September 30, IC 028 - golf club, golf club head

Big Bertha 2,769,319
2003 covers and golf bags
IC 025 - shirts, sweaters, jackets, wind
September 7, resistant jackets, hats, caps, visors,
2,883,072
2004 pants, shorts, t-shirts, golf shoes and
spikes
Callaway Golf 2,941,846 April 19, 2005 IC 025 - golf shoes and spikes
FT-i 3,263,223 July 10, 2007 IC 028 - golf clubs
March 17, IC 028 - covers for golf clubs; golf

FT-9 3,593,203
2009 club covers; golf clubs
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March 24, IC 028 - golf clubs; head covers for

3,595,821
2009 golf clubs; golf bags; golf balls
September 1, IC 028 - golf bags; golf balls; golf
3,677,707
2009 clubs; head covers for golf clubs
IC 028 - golf clubs, golf club head
January 12,
FT-iZ 3,737,687 covers, golf bags and component club
2010
heads
November 9,
X-24 HOT 3,874,857 IC 028 - golf clubs
2010
RAZR Hawk 3,979,419 June 14, 2011 IC 028 - golf clubs
The Callaway Golf Marks are used in connection with the manufacture and distribution of high
25. The Callaway Golf Marks have been used in interstate commerce to identify and
distinguish Callaway Golf’s high quality goods for an extended period of time.
26. The Callaway Golf Marks have never been assigned or licensed to any of the
27. The Callaway Golf Marks are symbols of Callaway Golf’s quality, reputation and
goodwill and have never been abandoned.
28. Further, Callaway Golf has expended substantial time, money and other resources
developing, advertising and otherwise promoting the Callaway Golf Marks. Specifically,
through equipment and funding, Callaway Golf supports a wide range of golf events throughout
the country including the ESPN National Golf Challenge, the Callaway Pebble Beach
Invitational, and the Callaway Junior World Golf Championships. The Callaway Golf Marks
qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1).
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29. Callaway Golf has extensively used, advertised and promoted the Callaway Golf
Marks in the United States in association with the sale of high quality products and has carefully
monitored and policed the use of the Callaway Golf Marks.
30. The Callaway Golf Marks have achieved secondary meaning as identifiers of high
quality goods as a result of Callaway Golf’s advertisement, promotion and sale of such goods
thereunder.
31. As a result of Callaway Golf’s efforts, members of the consuming public readily
identify merchandise bearing or sold under the Callaway Golf Marks, as being high quality
merchandise sponsored and approved by Callaway Golf.
Cleveland Golf’s Business and Trademark Rights
32. Cleveland Golf manufactures and sells high-quality golf clubs, golf equipment,
and apparel. Cleveland Golf is world-renowned for its production of high quality golf wedges,
and other products.
33. SRI Sports Limited is the owner, and Roger Cleveland Golf Company, Inc. is the
licensee of all rights in and to the following trademarks, which are valid and registered on the
Principal Register of the United States Patent and Trademark Office (collectively the “Cleveland
Golf Marks”):
Number Date
IC 018 - carry all bags and umbrellas.

IC 025 - golf apparel, namely, shirts,
caps, visors, sweatshirts and sweater
vests.
2,070,051 June 10, 1997
IC 028 - golf clubs, golf club heads,
golf club shafts, golf club grips, golf
bags, golf bag covers, and golf club
head covers.
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IC 018 - carry all bags and umbrellas.

IC 025 - golf apparel, namely, shirts,
caps, visors, sweatshirts and sweater
vests.
CLEVELAND 2,070,054 June 10, 1997
IC 028 - golf clubs, golf club heads,
golf club shafts, golf club grips, golf
bags, golf bag covers, and golf club
head covers.
December 21, IC 028 - golf clubs, and golf club
2,302,251
1999 heads, namely, woods, irons and putters
IC 025 - Golf wear, namely, caps.
December 16, IC 028 - Bags, namely, golf bags,
SRIXON 2,993,532
1997 equipment for golf, especially, but not
limited to, golf balls, golf clubs.
IC 028 - Golf clubs and golf club heads,

namely, wedges, iron-type golf clubs
ZIP GROOVES 3,463,468 July 8, 2008
and metal wood-type golf clubs and
heads.
The Cleveland Golf Marks are used in connection with the manufacture and distribution of high
34. The Cleveland Golf Marks have been used in interstate commerce to identify and
distinguish Cleveland Golf’s high quality goods for an extended period of time.
35. The Cleveland Golf Marks have never been assigned or licensed to any of the
36. The Cleveland Golf Marks are symbols of Cleveland Golf’s quality, reputation
and goodwill and have never been abandoned.
37. Further, Cleveland Golf has expended substantial time, money and other
resources developing, advertising and otherwise promoting the Cleveland Golf Marks. The
Cleveland Golf Marks qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1).
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38. Cleveland Golf has extensively used, advertised and promoted the Cleveland Golf
Marks in the United States in association with the sale of high quality products and has carefully
monitored and policed the use of the Cleveland Golf Marks.
39. The Cleveland Golf Marks have achieved secondary meaning as identifiers of
high quality goods as a result of Cleveland Golf’s advertisement, promotion and sale of such
goods thereunder.
40. As a result of Cleveland Golf’s efforts, members of the consuming public readily
identify merchandise bearing or sold under the Cleveland Golf Marks, as being high quality
merchandise sponsored and approved by Cleveland Golf.
Karsten’s Business and Trademark Rights
41. Karsten was formed in the 1960’s. In 1998, Ping, Inc. (“Ping”), a wholly owned
subsidiary of Karsten, was created to take over Karsten’s golf equipment manufacturing
operations. Karsten and Ping are credited with numerous innovations that have become industry
standards, including perimeter weighting, custom fitting and the use of investment casting in the
manufacturing of golf clubs. Their insistence on adhering to strict engineering principles and
tight manufacturing tolerances raised the level of product performance and quality throughout
the golf industry. Ping prides itself on innovation, quality and service in the world of golf, and
Ping game-improvement products can be found in more than seventy countries.
42. Karsten is and at all times relevant hereto has been, the owner of all rights in and
to the following trademark, which is valid and registered on the Principal Register of the United
States Patent and Trademark Office (the “Karsten Mark”):
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Number Date
September 20,
PING 704,552 IC 28 - Golf clubs
1960
The Karsten Mark is used in connection with the manufacture and distribution of high quality
goods in the category identified above.
43. The Karsten Mark has been used in interstate commerce to identify and
distinguish Karsten’s high quality goods for an extended period of time.
44. The Karsten Mark has never been assigned or licensed to any of the Defendants in
this matter.
45. The Karsten Mark is a symbol of Karsten’s quality, reputation and goodwill and
has never been abandoned.
46. Further, Karsten has expended substantial time, money and other resources
developing, advertising and otherwise promoting the Karsten Mark. The Karsten Mark qualifies
as a famous mark as that term is used in 15 U.S.C. §1125(c)(1).
47. Karsten has extensively used, advertised and promoted the Karsten Mark in the
United States in association with the sale of high quality products and has carefully monitored
and policed the use of the Karsten Mark.
48. The Karsten Mark has achieved secondary meaning as an identifier of high
quality goods as a result of Karsten’s advertisement, promotion and sale of such goods
thereunder.
49. As a result of Karsten’s efforts, members of the consuming public readily identify
merchandise bearing or sold under the Karsten Mark, as being high quality merchandise
sponsored and approved by Karsten.
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Taylor Made Golf’s Business and Trademark Rights
50. TaylorMade-adidas Golf manufactures and sells high-quality golf clubs, golf
equipment, and apparel.
51. TaylorMade-adidas Golf is and at all times relevant hereto has been, the owner
and/or licensee of all rights in and to the following trademarks, which are valid and registered on
the Principal Register of the United States Patent and Trademark Office (collectively the
“TaylorMade-adidas Golf Marks”):
Number Date
TAYLOR MADE 1,200,542 July 6, 1982 IC 028 - Golf Clubs.
December 3, IC 028 - golf bags and golf club head

TAYLOR MADE 1,374,009
1985 covers.
September 30,
BURNER 1,411,498 IC 028 - golf clubs.
1986
August 26,
RESCUE 2,092,034 IC 028 - golf clubs.
1997
IC 018 - Golf umbrellas, luggage and
bags, namely, non-canvas tote bags,
for golfers.
IC 025 - Clothing, namely, hats, visors,
2,557,110 April 2, 2002 caps.
IC 028 - Golf equipment, namely golf
clubs, golf grips, putters, shafts, golf
balls, golf gloves, golf tees, golf club
covers, and golf bags.
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IC 018 - Golf umbrellas, luggage and

bags, namely, non-canvas tote bags,
for golfers.
IC 025 - Clothing, namely, hats, visors,
caps, shirts, skirts, blouses, sweaters,
2,557,111 April 2, 2002 slacks, shorts, jackets, coats, pullovers,
cardigans and shoes.
clubs, golf grips, putters, shafts, golf
balls, golf gloves, golf tees, golf club
covers, and golf bags.
IC 028 - Golf equipment, namely, golf

ROSSA 2,820,220 March 2, 2004 clubs, golf grips, putters, shafts, golf
club covers, and golf bags.
R7 2,960,850 June 7, 2005 clubs, wedges, irons, golf club heads,
golf club shafts.
December 20, IC 028 - Golf equipment, namely, golf
3,032,873
2005 clubs, shafts, golf club covers.
clubs, golf putters, golf clubheads, golf
AGSI 3,252,375 June 12, 2007
clubhead inserts, golf club covers, and
golf bags.

3,276,214 August 7, 2007
clubs, and shafts.

R9 3,652,607 July 7, 2009
clubs, golf heads, golf club shafts.
August 25,
BURNER PLUS 3,673,923 IC 028 - Golf clubs.
2009
September 8,
BURNER 3,680,379 IC 028 - Golf balls
2009
IC 028 - golf equipment, namely, golf
October 26,
3,868,743 clubs, shafts, golf balls, golf gloves,
2010
golf club covers and golf bags.
R11 3,951,066 April 26, 2011 clubs, golf grips, golf club heads, golf
club shafts, and golf bags.
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The TaylorMade-adidas Golf Marks are used in connection with the manufacture and
distribution of high quality goods in the categories identified above.
52. The TaylorMade-adidas Golf Marks have been used in interstate commerce to
identify and distinguish TaylorMade-adidas Golf’s high quality goods for an extended period of
time.
53. The TaylorMade-adidas Golf Marks have never been assigned or licensed to any
of the Defendants in this matter.
54. The TaylorMade-adidas Golf Marks are symbols of TaylorMade-adidas Golf’s
quality, reputation and goodwill and have never been abandoned.
55. Further, TaylorMade-adidas Golf has expended substantial time, money and other
resources developing, advertising and otherwise promoting the TaylorMade-adidas Golf Marks.
The TaylorMade-adidas Golf Marks qualify as famous marks as that term is used in 15 U.S.C.
§1125(c)(1).
56. TaylorMade-adidas Golf has extensively used, advertised and promoted the
TaylorMade-adidas Golf Marks in the United States in association with the sale of high quality
products and has carefully monitored and policed the use of the TaylorMade-adidas Golf Marks.
57. The TaylorMade-adidas Golf Marks have achieved secondary meaning as
identifiers of high quality goods as a result of TaylorMade-adidas Golf’s advertisement,
promotion and sale of such goods thereunder.
58. As a result of TaylorMade-adidas Golf’s efforts, members of the consuming
public readily identify merchandise bearing or sold under the TaylorMade-adidas Golf Marks, as
being high quality merchandise sponsored and approved by TaylorMade-adidas Golf.
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Defendants’ Infringing Activities
59. Upon information and belief, at all times relevant hereto, Defendants in this action
had full knowledge of Plaintiffs’ respective ownership of the Plaintiffs Marks, including their
respective, exclusive rights to use and license such intellectual property and the goodwill
associated therewith.
60. Plaintiffs have discovered Defendants are promoting and advertising, distributing,
selling and/or offering for sale at least (i) golf clubs, golf balls, golf bags, and golf gloves bearing
counterfeit and infringing trademarks which are exact copies of the Acushnet Marks; (ii) golf
clubs, golf balls, golf bags, golf shoes, golf towels, and caps bearing counterfeit and infringing
trademarks which are exact copies of the Callaway Golf Marks; (iii) golf clubs bearing
counterfeit and infringing trademarks which are exact copies of the Cleveland Golf Marks; (iv)
golf clubs bearing counterfeit and infringing trademarks which are exact copies of the Karsten
Mark; and (v) golf clubs, golf putters, golf balls, golf bags, umbrellas, and caps bearing
counterfeit and infringing trademarks which are exact copies of the TaylorMade-adidas Golf
Marks (collectively, “Counterfeit Goods”). Specifically, upon information and belief,
Defendants are using the Plaintiffs Marks in the same stylized fashion, for different quality
goods.
61. Upon information and belief, Defendants’ Counterfeit Goods are of a quality
substantially different than that of Plaintiffs’ respective, genuine goods. Despite the nature of the
Counterfeit Goods and the knowledge they are without authority to do so, Defendants, upon
information and belief, are actively using, promoting and otherwise advertising, distributing,
selling and/or offering for sale substantial quantities of their Counterfeit Goods with the
knowledge that such goods will be mistaken for the genuine high quality goods offered for sale
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by Plaintiffs. The net effect of Defendants’ actions will be to result in the confusion of
consumers who will believe Defendants’ Counterfeit Goods are genuine goods originating from,
associated with, and approved by Plaintiffs.
62. Defendants advertise their Counterfeit Goods for sale to the consuming public via
websites operating under at least the Subject Domain Names. In so advertising these goods,
Defendants use the Plaintiffs Marks. Indeed, Defendants herein misappropriated Plaintiffs’
advertising ideas and entire styles of doing business with regard to the advertisement and sale of
Plaintiffs’ respective, genuine goods. Upon information and belief, the misappropriation of
Plaintiffs’ advertising ideas in the form of the Plaintiffs Marks is the proximate cause of damage
to Plaintiffs.
63. Upon information and belief, Defendants are targeting their counterfeiting and
infringing activities toward consumers and causing harm within this District and elsewhere
throughout the United States. As a result, Defendants are defrauding Plaintiffs and the
consuming public for Defendants’ own benefit. Defendants’ infringement and disparagement of
Plaintiffs and their respective Marks does not simply amount to the wrong description of their
goods or the failure of the goods to conform to the advertised quality or performance.
64. Defendants’ use of the Plaintiffs respective Marks, including the promotion and
advertisement, reproduction, distribution, sale and offering for sale of their Counterfeit Goods, is
without Plaintiffs’ consent or authorization.
65. Further, Defendants are engaging in the above-described illegal counterfeiting and
infringing activities knowing and intentionally or with reckless disregard or willful blindness to
Plaintiffs’ rights for the purpose of trading on the respective goodwill and reputations of
Plaintiffs. If Defendants’ intentional counterfeiting and infringing activities are not preliminarily
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and permanently enjoined by this Court, Plaintiffs and the consuming public will continue to be
harmed.
66. Defendants’ above identified infringing activities are likely to cause confusion,
deception and mistake in the minds of consumers, the public and the trade. Moreover,
Defendants’ wrongful conduct is likely to create a false impression and deceive customers, the
public and the trade into believing there is a connection or association between Plaintiffs’
respective genuine goods and Defendants’ Counterfeit Goods.
67. Plaintiffs have no adequate remedy at law.
68. Plaintiffs are suffering irreparable injury and have suffered substantial damages as
a result of Defendants’ counterfeiting and infringing activities.
69. The harm and damages sustained by Plaintiffs have been directly and proximately
caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offers to sell, and
sale of their Counterfeit Goods.
70. Plaintiffs have retained the undersigned counsel to represent them in this matter
and are obligated to pay said counsel a reasonable fee for such representation.
COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT
71. Plaintiffs hereby readopt and re-allege the allegations set forth in Paragraphs 1
through 69 above.
72. This is an action for trademark counterfeiting and infringement against
Defendants based on their use of counterfeits of the Plaintiffs respective Marks in commerce in
connection with the promotion, advertisement, distribution, offering for sale and sale of the
Counterfeit Goods.
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73. Defendants are promoting and otherwise advertising, selling, offering for sale,
and distributing at least golf clubs, golf balls, golf bags, and golf gloves, using counterfeits and
infringements of one or more of the Acushnet Marks. Defendants are continuously infringing and
inducing others to infringe the Acushnet Marks by using them to advertise, promote and sell
counterfeit and infringing golf clubs, golf balls, golf bags, and golf gloves.
and distributing at least golf clubs, golf balls, golf bags, golf shoes, golf towels, and caps, using
counterfeits and infringements of one or more of the Callaway Golf Marks. Defendants are
continuously infringing and inducing others to infringe the Callaway Golf Marks by using them
to advertise, promote and sell counterfeit and infringing golf clubs, golf balls, golf bags, golf
shoes, golf towels, and caps.
and distributing at least golf clubs, using counterfeits and infringements of one or more of the
Cleveland Golf Marks. Defendants are continuously infringing and inducing others to infringe
the Cleveland Golf Marks by using them to advertise, promote and sell counterfeit and infringing
golf clubs.
and distributing at least golf clubs, using counterfeits and infringements of the Karsten Mark.
Defendants are continuously infringing and inducing others to infringe the Karsten Mark by
using it to advertise, promote and sell counterfeit and infringing golf clubs.
and distributing at least golf clubs, golf putters, golf balls, golf bags, umbrellas, and caps, using
counterfeits and infringements of one or more of the TaylorMade-adidas Golf Marks. Defendants
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are continuously infringing and inducing others to infringe the TaylorMade-adidas Golf Marks
by using them to advertise, promote and sell counterfeit and infringing golf clubs, golf putters,
golf balls, golf bags, umbrellas, and caps.
78. Defendants’ counterfeiting and infringing activities are likely to cause and
actually are causing confusion, mistake and deception among members of the trade and the
general consuming public as to the origin and quality of Defendants’ Counterfeit Goods.
79. Defendants’ unlawful actions have caused and are continuing to cause
unquantifiable damages to Plaintiffs.
80. Defendants’ above-described illegal actions constitute counterfeiting and
infringement of the Plaintiffs respective Marks in violation of Plaintiffs’ respective rights under
§ 32 of the Lanham Act, 15 U.S.C. § 1114.
81. Plaintiffs have each suffered and will continue to suffer irreparable injury due to
the above described activities of Defendants if Defendants are not preliminarily and permanently
enjoined.
COUNT II - FALSE DESIGNATION OF ORIGIN

PURSUANT TO § 43(a) OF THE LANHAM ACT
82. Plaintiffs hereby readopt and re-allege the allegations set forth in Paragraphs 1
through 69 above.
83. Defendants’ Counterfeit Goods bearing and sold under copies of the Plaintiffs
respective Marks have been widely advertised and distributed throughout the United States.
84. Defendants’ Counterfeit Goods bearing and sold under copies of the Plaintiffs
respective Marks are virtually identical in appearance to each of Plaintiffs’ respective, genuine
goods. However, Defendants’ Counterfeit Goods are different and likely inferior in quality.
21
Accordingly, Defendants’ activities are likely to cause confusion in the trade and among the
general public as to at least the origin or sponsorship of their Counterfeit Goods.
85. Defendants, upon information and belief, have used in connection with their sale
of the Counterfeit Goods, false designations of origin and false descriptions and representations,
including words or other symbols and trade dress which tend to falsely describe or represent such
goods and have caused such goods to enter into commerce with full knowledge of the falsity of
such designations of origin and such descriptions and representations, all to the detriment of
Plaintiffs.
86. Defendants have authorized infringing uses of the Acushnet Marks in Defendants’
advertisement and promotion of their counterfeit and infringing golf clubs, golf balls, golf bags,
and golf gloves. Defendants have misrepresented to members of the consuming public that the
Counterfeit Goods being advertised and sold by them are genuine, non-infringing goods.
87. Defendants have authorized infringing uses of the Callaway Golf Marks in
Defendants’ advertisement and promotion of their counterfeit and infringing golf clubs, golf
balls, golf bags, golf shoes, golf towels, and caps. Defendants have misrepresented to members
of the consuming public that the Counterfeit Goods being advertised and sold by them are
genuine, non-infringing goods.
88. Defendants have authorized infringing uses of the Cleveland Golf Marks in
Defendants’ advertisement and promotion of their counterfeit and infringing golf clubs.
Defendants have misrepresented to members of the consuming public that the Counterfeit Goods
being advertised and sold by them are genuine, non-infringing goods.
89. Defendants have authorized infringing uses of the Karsten Mark in Defendants’
advertisement and promotion of their counterfeit and infringing golf clubs. Defendants have
22
misrepresented to members of the consuming public that the Counterfeit Goods being advertised
and sold by them are genuine, non-infringing goods.
90. Defendants have authorized infringing uses of the TaylorMade-adidas Golf Marks
in Defendants’ advertisement and promotion of their counterfeit and infringing golf clubs, golf
putters, golf balls, golf bags, umbrellas, and caps. Defendants have misrepresented to members
of the consuming public that the Counterfeit Goods being advertised and sold by them are
genuine, non-infringing goods.
91. Defendants’ above-described actions are in violation of Section 43(a) of the
Lanham Act, 15 U.S.C. §1125(a).
92. Plaintiffs have each sustained injury and damage caused by Defendants’ conduct,
and absent an entry of an injunction by this Court, each Plaintiffs will continue to suffer
irreparable injury to their respective goodwill and business reputations as well as monetary
damages.
COUNT III - CLAIM FOR RELIEF FOR CYBERPIRACY

UNDER §43(d) OF THE LANHAM ACTION (15 U.S.C. §1125(d)
(TaylorMade-adidas Golf Only)
93. TaylorMade-adidas Golf hereby readopts and re-alleges the allegations set forth in
Paragraphs 1 through 69 above.
94. At all times relevant hereto, TaylorMade-adidas Golf has been and still is the
owner of the rights, title and interest in and to the TaylorMade-adidas Golf Marks.
95. Upon information and belief, Defendants have acted with the bad faith intent to
profit from the TaylorMade-adidas Golf Marks and the goodwill associated with the
TaylorMade-adidas Golf Marks by registering at least the domain name taylormader9irons.org,
which is identical to, confusingly similar to or dilutive of at least one of the TaylorMade-adidas
Golf Marks.
23
96. Defendants have no intellectual property rights in or to the TaylorMade-adidas
Golf Marks.
97. Defendants’ actions constitute cyberpiracy in violation of §43(d) of the Lanham
Act, 15 U.S.C. §1125(d).
98. Defendants’ conduct is done with knowledge of the TaylorMade-adidas Golf
Marks and constitutes a willful violation of TaylorMade-adidas Golf’s rights in the TaylorMade-
adidas Golf Marks. At a minimum, Defendants’ conduct is undertaken in reckless disregard of
TaylorMade-adidas Golf’s rights or demonstrates willful blindness to TaylorMade-adidas Golf’s
rights.
99. The aforesaid conduct is causing TaylorMade-adidas Golf immediate and
irreparable injury and TaylorMade-adidas Golf has no adequate remedy at law.
PRAYER FOR RELIEF
100. WHEREFORE, Plaintiffs demand judgment on all Counts of this Complaint and
an award of equitable relief and monetary relief against Defendants as follows:
a. Entry of preliminary and permanent injunctions enjoining Defendants,
their agents, representatives, servants, employees, and all those acting in concert or participation
therewith, from manufacturing or causing to be manufactured, importing, advertising or
promoting, distributing, selling or offering to sell their Counterfeit Goods; from infringing,
counterfeiting, or diluting the Acushnet Marks, Callaway Golf Marks, Cleveland Golf Marks,
Karsten Mark, and/or TaylorMade-adidas Golf Marks; from using the Acushnet Marks,
Callaway Golf Marks, Cleveland Golf Marks, Karsten Mark, and/or TaylorMade-adidas Golf
Marks, or any mark or trade dress similar thereto, in connection with the sale of any
unauthorized goods; from using any logo, trade name or trademark or trade dress which may be
24
calculated to falsely advertise the services or goods of Defendants as being sponsored by,
authorized by, endorsed by, or in any way associated with Plaintiffs; from falsely representing
themselves as being connected with Plaintiffs, through sponsorship or association, or engaging in
any act which is likely to falsely cause members of the trade and/or of the purchasing public to
believe any goods or services of Defendants are in any way endorsed by, approved by, and/or
associated with Plaintiffs; from using any reproduction, counterfeit, copy, or colorable imitation
of the Acushnet Marks in connection with the publicity, promotion, sale, or advertising of any
goods sold by Defendants, including, without limitation, golf clubs, golf balls, golf bags, and
golf gloves; from using any reproduction, counterfeit, copy, or colorable imitation of the
Callaway Golf Marks in connection with the publicity, promotion, sale, or advertising of any
goods sold by Defendants, including, without limitation, golf clubs, golf balls, golf bags, golf
shoes, golf towels, and caps; from using any reproduction, counterfeit, copy, or colorable
imitation of the Cleveland Golf Marks in connection with the publicity, promotion, sale, or
advertising of any goods sold by Defendants, including, without limitation, golf clubs; from
using any reproduction, counterfeit, copy, or colorable imitation of the Karsten Mark in
connection with the publicity, promotion, sale, or advertising of any goods sold by Defendants,
including, without limitation, golf clubs; from using any reproduction, counterfeit, copy, or
colorable imitation of the TaylorMade-adidas Golf Marks in connection with the publicity,
promotion, sale, or advertising of any goods sold by Defendants, including, without limitation,
golf clubs, golf putters, golf balls, golf bags, umbrellas, and caps; from affixing, applying,
annexing or using in connection with the sale of any goods, a false description or representation,
including words or other symbols tending to falsely describe or represent Defendants’ goods as
25
being those of Plaintiffs, or in any way endorsed by Plaintiffs and from offering such goods in
commerce; and from otherwise unfairly competing with Plaintiffs.
b. Entry of an order requiring the Subject Domain Names, and any other
domain names being used by Defendants to engage in the business of selling goods bearing
counterfeits and infringements of the Acushnet Marks, Callaway Golf Marks, Cleveland Golf
Marks, Karsten Mark, and/or TaylorMade-adidas Golf Marks to be disabled and/or immediately
transferred by Defendants, their Registrars and/or the Registries to Plaintiffs’ control.
c. Entry of an Order that the top level domain (TLD) Registry for each of the
Subject Domain Names shall not aid and/or abet, and/or participate, in Defendants' unlawful
counterfeiting activities by allowing customers to connect to the Defendant counterfeiters'
websites, or accept transmissions of registration information from registrars which receive
Defendants' orders for domain name registrations and registration renewals.
d. Entry of an Order that, upon Plaintiffs’ request, the top level domain
(TLD) Registry for each of the Subject Domain Names place the Subject Domain Names on
Registry Hold status, thus removing them from the TLD zone files maintained by the Registries
which link the Subject Domain Names to the IP address where the associated websites are
hosted.
e. Entry of an Order that, upon Plaintiffs’ request, any Internet search
engines, Web hosts, domain-name registrars and domain-name registries or administrators which
are provided with notice of the injunction, cease facilitating access to any or all websites through
which Defendants engage in the promotion, offering for sale and/or sale of goods bearing
counterfeits and/or infringements of the Acushnet Marks, Callaway Golf Marks, Cleveland Golf
Marks, Karsten Mark, and/or TaylorMade-adidas Golf Marks.
26
f. Entry of an Order that, upon Plaintiffs’ request, the Internet Corporation
for Assigned Names and Numbers (“ICANN”) shall take all actions necessary to ensure that the
top level domain Registries responsible for the Subject Domain Names facilitate the transfer
and/or disable the Subject Domain Names.
g. Entry of an Order requiring Defendants to account to and pay Plaintiffs for
all profits and damages resulting from Defendants’ trademark infringing and counterfeiting and
unfairly competitive activities and that the award to Plaintiffs be trebled, as provided for under
15 U.S.C. §1117, or, at Plaintiffs’ election with respect to Count I, that Plaintiffs be awarded
statutory damages from each Defendant in the amount of two million dollars ($2,000,000.00) per
each counterfeit trademark used and product sold, as provided by 15 U.S.C. §1117(c)(2) of the
Lanham Act.
h. Entry of an Order requiring Defendants to account to and pay Plaintiff
TaylorMade-adidas Golf for all profits and damages resulting from Defendants’ cyberpiracy
activities and that the award to Plaintiff TaylorMade-adidas Golf be trebled, as provided for
under 15 U.S.C. §1117, or, at Plaintiff TaylorMade-adidas Golf’s election with respect to Count
III, that Plaintiff TaylorMade-adidas Golf be awarded statutory damages from Defendants in the
amount of one hundred thousand dollars ($100,000.00) per pirated domain name used as
provided by 15 U.S.C. §1117(d) of the Lanham Act.
i. Entry of an award of Plaintiffs’ costs and reasonable attorneys’ fees and
investigative fees associated with bringing this action.
j. Entry of an order requiring all funds, up to and including the total amount
of judgment, in payment accounts or money transfer systems used in connection with the Subject
Domain Names, including PayPal, Inc., The Western Union Company, MoneyGram and other
27
payment processing accounts, to be surrendered to Plaintiffs in partial satisfaction of the
monetary judgment entered herein.
k. Entry of an award of pre-judgment interest on the judgment amount.
l. Entry of an Order for any further relief as the Court may deem just and
proper.
DATED: September 30, 2011. Respectfully submitted,
STEPHEN M. GAFFIGAN, P.A.
By: ______s:/smgaffigan/_________________
Stephen M. Gaffigan (Fla. Bar No. 025844)
Virgilio Gigante (Fla. Bar No. 082635)
401 East Las Olas Blvd., Suite 130-453
Ft. Lauderdale, Florida 33301
Telephone: (954) 767-4819
Facsimile: (954) 767-4821
Email: Stephen@smgpa.net
E-mail: leo@smgpa.net
Attorneys for Plaintiffs
28
SCHEDULE A
SUBJECT DOMAIN NAMES
1. allstockonline.com
2. buzzgolfclubs.com
3. clubsgolfsale.com
4. dcgolfclubs.com
5. discountgolfclubs18.com
6. drgolfstore.com
7. easybuygolf.com
8. golfbuydiscount.com
9. golfclubcheap.com
10. golfclubsbest.com
11. golfdiscountdirect.com
12. golfequiponline.com
13. golforderonline.com
14. golf-parc.com
15. golfsale18.com
16. golfsales365.com
17. golfsaleus.com
18. golfsaleworld.com
19. golfseasonss.com
20. golfsmartdeal.com
21. golfstore18.com
22. golfstore365.com
23. golfstoreorder.com
24. golfsuno.com
25. golfsuper118.com
26. golfsuperprice.com
27. golfsuperstoreonline.com
28. golfsuperworld.com
29. golfwholesale365.com
30. golfwholesaleseller.com
31. golfwon.com
32. golfzone18.com
33. greatestgolfclubs.com
34. greatsnowboots.com
35. higolfclubs.com
36. hotsalegolf.com
37. idealgolfclubs.com
38. igolfnuts.com
39. istockgolf.com
40. lovegolfclubs.com
41. mygolfclubsforsale.com
42. mygolfpurchase.com
43. onlinegolf118.com
29
44. onlinegolf18.com
45. pickgf.com
46. pickgolfclubs.com
47. putterbuy.com
48. qidan.info
49. qqmvp.biz
50. qqmvp.in
51. tmgolfclub.com
52. usdiscountgolf.com
53. usgolfsale.com
54. usgolfsale18.com
55. wgbuy.com
56. wholesalegolf118.com
57. yourgolfhomes.com
30
SCHEDULE B
SUBJECT DOMAIN NAMES
1. athleticsbar.com
2. bestsportinglife.com
3. comeongolf.com
4. golfheavenus.com
5. golfutilityclubs.com
6. golfworld18.com
7. lovegolfonline.com
8. prosportsoutdoor.com
9. sportingturner.com
10. sportssaleonline.com
11. taylormader9irons.org
31

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Case 1:11-cv-23557-XXXX Document 1 Entered on FLSD Docket 09/30/2011 Page 1 of 31

UNITED STATES DISTRICT COURT

ACUSHNET COMPANY, CALLAWAY

TANG HAINAN, XUD ZHANG,

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Plaintiffs, Acushnet Company, Callaway Golf Company, Roger Cleveland Golf

Domain Names”) and allege as follows:

JURISDICTION AND VENUE

2. Plaintiff Acushnet Company (“Acushnet”) is a corporation organized under the

federally registered trademarks including those identified in paragraph 15 below.

3. Plaintiff Callaway Golf Company (“Callaway Golf”) is a corporation organized

identified in paragraph 33 below.

5. Plaintiff Karsten Manufacturing Corporation (“Karsten”) is a corporation

6. Plaintiff Taylor Made Golf Company, Inc., a subsidiary of adidas AG

including those identified in paragraph 51 below.

discovery of the identities of such fictitious Defendants.

9. Upon information and belief, Defendants engage in the advertisement, offering

goods into the State.

unless preliminarily and permanently enjoined.

11. Defendants’ entire Internet-based website businesses amount to nothing more

Plaintiffs and others.

misleading information to their various Registrars during the Registration process.

COMMON FACTUAL ALLEGATIONS

Acushnet’s Business and Trademark Rights

as the World Golf Championships.

1,601,034 June 12, 1990 IC 028 - golf balls

quality goods in the categories identified above.

distinguish Acushnet's high quality goods for an extended period of time.

Defendants in this matter.

and have never been abandoned.

qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1)

monitored and policed the use of the Acushnet Marks.

22. As a result of Acushnet’s efforts, members of the consuming public readily

merchandise sponsored and approved by Acushnet.

Callaway Golf’s Business and Trademark Rights

IC 028 - golf clubs, golf bags, golf

IC 024 - golf towels

Callaway 2,166,033 June 16, 1998 IC 028 - golf clubs

Callaway 2,360,664 June 20, 2000 IC 028 - golf balls

September 30, IC 028 - golf club, golf club head

FT-i 3,263,223 July 10, 2007 IC 028 - golf clubs

March 17, IC 028 - covers for golf clubs; golf

March 24, IC 028 - golf clubs; head covers for

RAZR Hawk 3,979,419 June 14, 2011 IC 028 - golf clubs

quality goods in the categories identified above.

Defendants in this matter.

goodwill and have never been abandoned.

qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1).

monitored and policed the use of the Callaway Golf Marks.

merchandise sponsored and approved by Callaway Golf.

Cleveland Golf’s Business and Trademark Rights

and other products.

IC 018 - carry all bags and umbrellas.

IC 018 - carry all bags and umbrellas.

IC 028 - Golf clubs and golf club heads,

quality goods in the categories identified above.

Defendants in this matter.

and goodwill and have never been abandoned.