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Property Keyed to Saxer
ETW Corporation v. Jireh Publishing, Inc.
Citation:
332 F.3d 915Facts
The cases focuses on a painting of Woods by Rush. ETW alleged that the painting and the accompanying material with wich it was sold constituted trademark infringement.
In 1998, Rush created a painting entitled The Masters of Augusta, which commemorated Woods’s victory at the Master Tournament in Augusta, Georgia in 1997. In the foreground of the painting were three views of Woods in different poses. In the background was the Augusta National Clubhouse. Behind the clubhouse were the likenesses of famous golfers of the past looking down on Woods. Behind them was the Masters leaderboard.
The limited edition prints were sold by Jireh in an envelope with accompanying literature. Rush’s name and signature appeared on the front of the envelope in block letters. The title of the painting appeared on the back of the envelope in block letters 3/8 of an inch thick. Below the title appeared “Tiger Woods” in letter 1/4 an inch thick. The literature identifies Rush as the artist and gives a description of the subject painting. Wood’s name also appeared in the narrative description, but was only mentioned twice in 28 lines of text. The text also includes references to the other golfers depicted in the painting.
ETW claimed that Jireh infringed its registered mark “Tiger Woods” by including these words in the accompanying text. Additonally, ETW claimed protection under the Lanham Act for any and all images of Tiger Woods.
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