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LOUISIANA RECORD

Tuesday, October 15, 2024

Tigeraire accuses Sunday Red LLC (associated with Tiger Woods) of Trademark Infringement

Federal Court
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Tigeraire, Inc., a company known for its innovative products in the golf industry, has filed a lawsuit against Sunday Red, LLC, accusing the latter of trademark infringement and unfair competition. The complaint was lodged in the United States District Court for the Middle District of Louisiana on September 27, 2024. Tigeraire alleges that Sunday Red, a venture associated with renowned golfer Tiger Woods and TaylorMade, is unlawfully using Tigeraire's registered leaping tiger design in its branding.

The heart of the dispute lies in Tigeraire's claim that it has been using its leaping tiger design as a trademark since at least August 2020. This design is prominently featured on their products which are well-known within the golf community and have been showcased at prestigious events like THE MASTERS and promoted by institutions such as Louisiana State University. In 2022, Tigeraire secured federal registration for this design from the United States Patent and Trademark Office (USPTO). However, Tigeraire now accuses Sunday Red of hijacking this trademark to promote its own line of golfing apparel and accessories launched on May 1, 2024.

According to Tigeraire’s complaint, Sunday Red's use of a similar leaping tiger logo has led to consumer confusion. This confusion is exacerbated by the significant marketing power behind Sunday Red due to its association with Tiger Woods and TaylorMade. Tigeraire asserts that despite being a senior user with federally registered rights to the mark, its brand recognition is being overshadowed by Sunday Red’s aggressive marketing strategies. Evidence presented includes instances where patrons at major golf events mistook Tigeraire’s products for those of Sunday Red due to the striking similarity between their logos.

Tigeraire claims that this "reverse confusion" not only misleads consumers but also damages their business reputation and dilutes their brand value. They argue that Sunday Red’s actions violate several laws including federal trademark infringement under the Lanham Act (15 U.S.C. §1114), unfair competition (15 U.S.C. §1125(a)), as well as Louisiana state laws concerning injury to business reputation (La. Rev. Stat. §51:223.1) and unfair trade practices (La. Rev. Stat. §51:1401 et seq.).

In seeking relief from the court, Tigeraire demands an injunction to prevent further use of their trademark by Sunday Red and requests damages for lost income and profits resulting from these alleged infringements. They also seek treble damages under both federal law (15 U.S.C §1117) and state law (La Rev Stat §51:1409), along with attorney fees.

Representing Tigeraire are attorneys Gregory D. Latham and Adam Vickers from Intellectual Property Consulting LLC based in New Orleans, Louisiana. The case is presided over by Judge Brian A Jackson with Magistrate Judge Scott D Johnson handling preliminary matters under Case ID 3:24-cv-00803-BAJ-SDJ.

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