By: Rob Harris I’m joining my golf crowd in a couple of weeks for an evening at an indoor range, where someone will pick a well known course for us to virtually play on a golf simulator. Until today, I’d never given any thought as to the legal rights associated with the ability to “play” Pebble Beach indoors. But this morning I encountered this article explaining that two Congressmen–a Republican and a Democrat (let’s hear it for bipartisanship)–have introduced a bill to extend federal copyright protection to golf courses. Apparently, while a golf course architect can copyright the actual draw ..read more

By: Rob Harris The title sounds like the start of a joke. Take the lawyer out of the title, and we are left with a real life situation that isn’t haha funny. As described in this Golfweek article, referencing a complaint recently filed, Dentist Eddie Orobitg, enjoying a round of golf with his son on Florida’s Harbor Hills Country Club, discovered a cart path obstructed by Doctor Joseph Sivak, who was out for a stroll with his wife. Dentist Orobitg decided he should advise Doctor Sivak that country club rules reserved the cart paths for golfers. This unsolicited advice apparently did not sit we ..read more

By: Rob Harris As alleged in Taylor Made’s recently filed complaint against Costco, Costco only “began selling and offering for sale [its new irons] through its website by December 2023.” Taylor Made promptly brought suit, alleging that Costco’s clubs, marketed as a Kirkland Signature Players Iron set, “copy many features and technologies from Taylor Made’s P790 irons and [related] patents.” Taylor Made asserts that “the design team for the accused products included an engineer who formerly worked at Taylor Made headquarters alongside Taylor Made engineers during the development of the P790 ..read more

By: Rob Harris The “PMA” in Fresno, California’s AOA PMA stands for “Private Membership Association.” Among its website’s testimonials are comments including endorsing it as someplace to go “if you want to improve your game or just hangout with friends on a hot, cold, or rainy day.” Another member “appreciate[s] everything this place has to offer,” while yet another claims it is the “Disneyland of Fresno!” After all, the website also proclaims “we are family friendly,” branding which may be called into question if this week’s news is to be believed. As reported (see here and here), city and st ..read more

By: Rob Harris Nick Faldo has spent years cultivating business interests beyond his playing career. At various times, he was a broadcaster, a golf course designer, and lent his name to golf schools, golf clubs, a clothing line and others. He also has ventured into the liquid spirits world, including what seems to be a serious passion for wines. Many of his commercial undertakings have utilized a stylized Faldo logo. Makes sense, right? After all, it is his name. Well, Sir Nick’s name does bear at least some resemblance to that of another winemaker, Valdo–an Italian producer of sparking wines–w ..read more

By: Rob Harris Christopher Blackford resigned his sales management position and several months later commenced employment with a competitive company. Not long thereafter, Mr. Blackford attended a golf outing hosted by a customer of both his prior and current employer. He arrived wearing his new company’s “corporate attire and socialized with those in attendance but did not play golf.” His appearance did not sit well with his former employer who alleged that Mr. Blackford’s participation in the outing violated the provisions of a non-solicitation agreement which provided that, for a two year pe ..read more

By: Rob Harris Dram Shop Acts have been enacted by legislatures to impose–and limit–liability to bars and restaurants who knowingly or recklessly continue to provide intoxicated individuals with alcohol. When the inebriated individual leaves, hops in a car, and causes an accident, the statute provides the injured individual with recourse against the establishment. Court filings include many attempts by injured persons to expand the scope of liability. Add Pennsylvania to the list, based on this opinion recently issued by its Supreme Court. The opinion sets the stage as follows: On August 17, 2 ..read more

By: Rob Harris Linda Chen once was a professional golfer. According to the United States Golf Association, she regained her amateur status more than fifteen years ago, where she maintains a USGA handicap (current index 6.4, certainly credible but, no offense, not pro caliber). And now, in addition to being a USGA-sanctioned amateur, she is the plaintiff in a lawsuit filed this week in a Florida court against the organizer and associated parties of a fundraising event recently played as Windermere’s Isleworth club. The complaint tells the story. In short, Ms. Chen aced the 11th hole, which sere ..read more

By: Rob Harris I referenced a few months ago an article outlining a pending dispute arising out of Dartmouth’s decision a few years ago to close the university-owned Hanover Country Club. At the time, the dispute was awaiting disposition by the New Hampshire Supreme Court, and I promised an update when the decision issued. Well, the day of reckoning has arrived, as the court released its opinion three days ago. Underlying the dispute was a bequest from Robert T. Keeler to Dartmouth College “for the sole purpose of upgrading and maintaining its golf course.” In 2005, after his death, Mr. Keeler ..read more

By: Rob Harris In this article, Sophia Dodd provides an exceedingly interesting recap of the effort to desegregate public golf courses in Atlanta. The legal case eventually made its way to the United States Supreme Court, which on November 7, 1955 issued a per curiam order holding as unconstitutional the segregation of public recreational facilities. It took another five years for the PGA to remove from its bylaws a provision limiting membership to “[p]rofessional golfers of the Caucasian race ..read more