Pebble Beach Company, owner of the world famous Pebble Beach Golf Links, has obtained a permanent injunction against the owners and developers of a ‘replica’ golf course at Northern Bay Golf Resort and Marina in Wisconsin. The entry of the Final Judgment by a federal court noted the validity of the Pebble Beach federal marks, the fact that these marks are very ‘famous’ and the fact that the unauthorized use of the term ‘Pebble Beach’ by the developers constitutes ‘service mark infringement, dilution and unfair competition.’
The Judgment immediately and permanently enjoined the owners, developers and all others in concert with them to refrain from using the term ‘Pebble Beach’ to identify, advertise, describe or refer to their golf course or any other goods or services. Further, they were also expressly enjoined from stating or implying that their golf hole is or was a ‘replica’ of or ‘inspired by’ a hole from Pebble Beach.
Mark Stilwell, Pebble Beach Company’s executive vice president and general counsel, stated, “The entry of the Final Judgment achieved the company’s objective to preserve and protect the integrity and goodwill of its world famous ‘Pebble Beach‘ mark. Pebble Beach Company has expended considerable time and effort to establish the reputation for world-class quality that the public associates with our Pebble Beach brand. We take that reputation seriously, and vigorously enforce our rights. Our company remains dedicated to protecting our rights to the exclusive use of our most famous brand and the reputation associated with it. We are pleased that the Judgment protects our rights and reputation.”
The entry of the Judgment coincides with the recent recognition, as reported in The Robb Report, that the company’s Pebble Beach brand is one of the 30 most famous brands in the world.
Pebble Beach Company, headquartered in Pebble Beach, California, owns and operates the world-famous Pebble Beach Resorts, including The Lodge at Pebble Beach, The Inn at Spanish Bay, and Casa Palmero. The Company’s properties also include the scenic 17-Mile Drive and four golf courses: Pebble Beach Golf Links, Spyglass Hill Golf Course, The Links at Spanish Bay, and Del Monte Golf Course.
Pebble Beach Company www.pebblebeach.com
Pebble Beach ‘replica’ loses court battle
