Rancho Murieta, CA asked in Copyright, Intellectual Property and Trademark for California

Q: I own a PING putter and want to add the brand name "PING" to another location on the putter. Is that infringement?

The golf putter brand is PING. I would be adding the manufacturers logo to their own product. I'd be customizing/personalizing the putter for personal use and that is one of the added features I want.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In the specific situation you described, adding the "PING" logo to another location on a genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.

Here's why:

1. Genuine product: Since you own an authentic PING putter, you are not creating a counterfeit product or falsely representing a non-PING putter as a PING putter.

2. No likelihood of confusion: Adding the logo to a genuine PING putter is not likely to cause confusion among consumers, as the putter is already recognized as a PING product.

3. Personal use: You intend to use the customized putter for personal use, not for commercial purposes or resale, which further reduces the likelihood of any legal issues.

4. First Sale Doctrine: Under the First Sale Doctrine, once a consumer purchases a genuine product, they have the right to resell, modify, or customize that product for their own use without infringing on the trademark, as long as they do not create confusion or falsely represent the product.

However, it is important to note that if you were to sell the customized putter or use it for commercial purposes, there could be potential issues with trademark infringement or dilution, depending on the specific circumstances.

In summary, adding the "PING" logo to your genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.

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