To enforce and defend our rights to Handicap and Course Rating terminology and services as deferred through the agreement with the USGA.

Transcription

1 TO: Glf Canada Bard f Directrs DATE: September 17, 2012 FROM: Karen Hewsn, Dave Lafleur RE: Cease and Desist Prcess Objective T enfrce and defend ur rights t Handicap and Curse Rating terminlgy and services as deferred thrugh the agreement with the USGA. 1. T regain member clubs OR 2. T stp the nn-cmpliant use f trademarks In cnsultatin with legal n these issues it became apparent a number f issues were actually related and required attentin: Ensuring licenced vendrs are cmpliant Finding nn-licenced vendrs and seeking cmpliance (i.e. cease and desist use) Indentifying that the apprpriate infrmatin is shared with member clubs Identifying frmer member clubs wh are vilating the handicap and licencing agreement. Attached is the Handicap Licencing Issue Overview as presented t the bard in June, with updates n activities in red fllwing each sectin. Essentially the fllwing steps have been taken: Licenced Vendrs: Tee-On has cmmunicated with all nn-member custmers using their sftware indicating they will lse their services n September 15 if they d nt becme members f Glf Canada and the prvince. Sme clubs have cntacted us abut membership hwever they tend t be small clubs wh feel their membership will nt pay the required dues. (Cmpleted September 15)

2 Nn-Licenced Vendrs: Ottawaglf.cm is being ntified they d nt have permissin t use: Handicap Factr (trademarked by Glf Canada) Slpe (trademarked by the USGA) The use f cntent frm the Handicap Manual regarding ESC is infringing upn cpyright. in vilatin f trademarks in the fllwing manner: is using tw trademarked terms (Handicap Factr and Slpe) Summarize what puts them ffside (Karen) Letter has been drafted, reviewed by the lawyer and ready t be issued. Member Clubs All prvinces have submitted dcuments they currently use t sign up clubs Glf Canada staff is wrking with the Membership Cmmittee t develp a template agreement, which will be reviewed by ur lawyer, t be used by all prvinces ging frward The fficial marks listed abve will assist with defending ur brand. Frmer r nn-member clubs The five-step prcess mem has been updated (attached) and is being sent t Membership Cmmittee, Prvincial Cuncil and Prvincial ED s fr review and input Sme prvinces have submitted a list f nn-cmpliant clubs with ntes n any actin taken: Quarry Glf Club (Ontari) Fx Glf Club (Ontari) River Bend Glf Club (Alberta) Despite f the prvincial assciatins desire t have Glf Canada pursue the trademark issue, we have nt received a full file frm the prvinces with riginal agreement, terminatin ntice r evidence f vilatin fr any clubs beynd this list frm the prvincial assciatins. Quarry Glf Club, Peterbrugh, Ontari has been identified/recmmended as the first example t initiate the Glf Canada steps with per the prcess mem smb://rcga-file/membership/membership Dcumentatin/Cease and Desist prcess/bod_mem-c&d_prcess-sep17,2012

3 INTRODUCTION Belw is the summary f the Cease and Desist prcess that was presented at the June bard meeting. The updates n next steps are at prvided at the end f each sectin in red HANDICAP LICENSING ISSUE OVERVIEW Situatin We have fur areas f fcus within this issue: Certified vendrs wh prvide an fficial handicap Nn-certified vendrs wh are prviding an (fficial) handicap Member club agreements Nn-cmpliant clubs Certified vendrs wh prvide an fficial handicap 5 certified vendrs (GlfNet, Tee-On, Nrthern Systems, Krismer, GG Glf) One year agreements that require vendrs t: Only prvide service t members f member clubs Tee-On was fund t be ffside n this item They are in the prcess f becming cmpliant Utilize data prvided under their license nly fr member club cmputatins Willingness t cnnect their data t the GlfNet database starting in 2013 GG Glf is in phase ne f this cnnectin All thers are planned fr 2013 NEXT STEPS Cntinue t wrk with third party prviders t cnnect t GlfNet fr 2013 Tee-On has cmmunicated with all nn-member custmers using their sftware indicating they will lse their services n September 15 if they d nt becme members f Glf Canada and the prvince. Sme clubs have cntacted us abut membership hwever they tend t be small clubs wh feel their membership will nt pay the required dues.

4 Nn-certified vendrs wh are prviding an allegedly fficial handicap There are a number f websites prviding free handicap service t glfers Many are using ur calculatin which is prvided under ur agreement with the USGA Many are presenting the handicap as an fficial RCGA handicap They cannt use trademarked wrds listed belw (trademark infringement): RCGA, RCGA COURSE RATING SYSTEM, RCGA HANDICAP FACTOR, GOLF CANADA, HANDICAP FACTOR, HANDIFACTOR, FACTOR, RCGA HANDICAP SYSTEM, HANDICAP INDEX, and SLOPE We have identified additinal terms that we need t btain trademark prtectin fr t prtect us ging frward Ourlegal case is strnger in situatins where we had a previus license with such a vendr and we have nt renewed their license and they ffer a handicapping service n line Fr previus licensed vendrs, they cannt use the database f infrmatin they cllected when they were under license They cannt cpy the handicap manual (cpyright infringement) Success wuld be either having them stp infringing ur trademark r cpyright rights OR find a slutin fr them t jin ur family and help prmte public player sales Best case scenari in prceeding with a curt case wuld be t get an injunctin t stp their infringing activity and t recver ur legal csts; damages recvered wuld likely be negligible but mre imprtantly, a psitive result wuld be precedence setting t deal with thers One example is which we have reviewed with ur lawyer We plan t meet with them and use them as ur sample case in this area If we cannt get them t jin ur family, we plan t ntify any member clubs using their prgram that the handicaps they are prviding n this site are unfficial If they cntinue t infringe ur trademarks/cpyrights, we will have ur lawyer send a letter threatening legal actin NEXT STEPS - part A Karen t identify what puts in vilatin based n list abve Karen t draft a letter t identifying where they are in vilatin, and utlining the benefits t having them jin ur family (fr review by lawyer) A meeting t be set up with t discuss letter cntents and leave letter (meeting with RD and anther GC staff Dave r Karen) Ottawaglf.cm is being ntified they d nt have permissin t use: Handicap Factr (trademarked by Glf Canada) Slpe (trademarked by the USGA) The use f cntent frm the Handicap Manual regarding ESC is infrigeing upn cpyright. in vilatin f trademarks in the fllwing manner: is using tw trademarked terms (Handicap Factr and Slpe) Summarize what puts them ffside (Karen) Letter has been drafted, reviewed by the lawyer and ready t be issued.

5 NEXT STEPS part B Karen t have ne f her staff create a list f all n-line vendrs infringing ur trademarks and/r cpyrights Karen t wrk with ur lawyer t identify what additinal terms we are currently using in relatin t ur handicapping and curse rating systems shuld have fficial trademarks applied fr The fllwing n-line vendrs have been identified as nes we will send similar letters t: Glf BC Canada Glf Guide My Bgey Sandbagger ScreGlf? (unable t access system t cnfirm use f restricted materials) It has been recmmended that new fficial marks applicatins be filed by Glf Canada under Sectin 9 f the Canadian Trademarks Act t prvide us with additinal strength fr any legal battles. The fllwing have been identified as the mst essential: 1. HANDICAP SYSTEM 2. COURSE RATING 3. COURSE RATING SYSTEM 4. SCORE CENTRE 5. HANDICAP 6. HANDICAP DIFFERENTIAL 7. COURSE HANDICAP 8. EQUITABLE STROKE CONTROL 9. ESC 10. GOLF CANADA SCORE CENTRE Member club agreements The member club agreements have been updated based n new branding and new USGA agreements There shuld be a written agreement signed by each member club when they jin the Prvincial Assciatin/Glf Canada that includes cntent frm the member club handicap agreement Having the agreements signed annually wuld prvide greater prtectin than exists tday, than having them signed every fur years and wuld allw us t update the agreement mre frequently We have identified additinal terms that we need t btain trademark prtectin fr t prvide greater prtectin fr us ging frward NEXT STEPS We need t dcument the prcess in place by having member clubs sign these dcuments, by prvince, and actively tracking what dcuments are in place between bth Glf Canada and the prvinces fr each member club Glf Canada staff t prvide an updated member club handicap agreement and als a new member club agreement (based n what prvinces are using) that will be standard usage fr all prvinces (fr review by lawyer and prvinces)

6 Karen t wrk with ur lawyer t identify what additinal terms we are currently using in relatin t ur handicapping and curse rating systems shuld have fficial trademark applied fr Karen t wrk with the lawyer t update the Club agreements t ensure wrding is included t clearly utline their rights as a member club, and lack theref if they are nt a member All prvinces have submitted dcuments they currently use t sign up clubs Glf Canada staff is wrking with the Membership Cmmittee t develp a template agreement, which will be reviewed by ur lawyer, t be used by all prvinces ging frward The fficial marks listed abve will assist with defending ur brand. Nn-cmpliant clubs Sme clubs that have left membership cntinue t use ur trademarks n their website and/r cllateral material Based n the agreement they signed: They are nt allwed t use any f the fllwing trademarked terms as a nnmember (trademark infringement): RCGA, RCGA COURSE RATING SYSTEM, RCGA HANDICAP FACTOR, GOLF CANADA, HANDICAP FACTOR, HANDIFACTOR, FACTOR, RCGA HANDICAP SYSTEM, HANDICAP INDEX, and SLOPE They als cannt use the scring recrds data generated in ur system while they were a member They cannt sign ff n handicap verificatin dcuments fr glfers They cannt use the curse rating generated while they were a member after they are n lnger a member They als cannt use curse rating infrmatin, glfer scring infrmatin and/r handicap calculatins generated in ur system while they were a member If a club fails t stp using ur trademark terms and des nt return as a member, we can start legal actin, and get an injunctin against the club Our lawyer suggested it wuld be best t pick a curse in Ontari that desn t have a single wner with a large pcket bk, s they dn t string alng legal actin fr fun and fcus n clubs where the head staff persn needs t reprt t the membership n why they are engaged in legal actin A successful trial result wuld prvide a precedent fr dealing with all ther nncmpliant clubs NEXT STEPS Dcumentatin f prcess needs t be updated: The three-step prcess mem needs t be updated Letter #1 (t club frm prvince) needs t be updated and include input frm PEI and NFLD Letter #2 (t club frm GC) needs t be updated A list f nn-cmpliant clubs needs t be prepared by each prvince

7 Prvinces need t identify what actin, if any, has been taken with each club t date Karen t wrk with GAO t identify ptential clubs t use as first example The five-step prcess mem has been updated (attached) and is being sent t Membership Cmmittee, Prvincial Cuncil and Prvincial ED s fr review and input Sme prvinces have submitted a list f nn-cmpliant clubs with ntes n any actin taken: Quarry Glf Club (Ontari) Fx Glf Club (Ontari) River Bend Glf Club (Alberta) Despite f the prvincial assciatins desire t have Glf Canada pursue the trademark issue, we have nt received a full file frm the prvinces with riginal agreement, terminatin ntice r evidence f vilatin fr any clubs beynd this list frm the prvincial assciatins. Quarry Glf Club, Peterbrugh, Ontari has been identified/recmmended as the first example t initiate the Glf Canada steps with per the prcess mem smb://rcga-file/membership/membership Dcumentatin/Handicap License Agreements/Handicap_Licensing-issue_update- Sept17,2012