throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA530460
`ESTTA Tracking number:
`04/04/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91209965
`Plaintiff
`VOLVIK USA INC, Volvik, Inc.
`Defendant
`FL Golf, Inc.
`
`Proceeding.
`Applicant
`
`Other Party
`
`Motion for Suspension in View of Civil Proceeding With Consent
`
`The parties are engaged in a civil action which may have a bearing on this proceeding. Accordingly, VOLVIK
`USA INC, Volvik, Inc. hereby requests suspension of this proceeding pending a final determination of the civil
`action. Trademark Rule 2.117.
`VOLVIK USA INC, Volvik, Inc. has secured the express consent of all other parties to this proceeding for the
`suspension and resetting of dates requested herein.
`VOLVIK USA INC, Volvik, Inc. has provided an e-mail address herewith for itself and for the opposing party
`so that any order on this motion may be issued electronically by the Board.
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`Respectfully submitted,
`/M. Zach Gordon/
`M. Zach Gordon
`efsttabs@taftlaw.com, zgordon@taftlaw.com
`ptomail@shutts.com
`04/04/2013
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 1 of 24 PageID 1
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 1 of 24 Page|D 1
`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`OCALA DIVISION
`
`FILE D
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`FLGOLF, INC.,
`a Florida corporation,
`
`Plaintiff,
`
`V.
`
`VOLVIK USA INC. and
`
`VOLVIK, INC.,
`
`Defendants.
`
`CASENO.5il3 Qt/-S3-of.--Io PKL.
`
`JURY TRIAL DEMANDED
`
`/
`
`COMPLAINT
`
`The plaintiff, FLGOLF, Inc. (“FLGOLF”), sues the defendants, Volvik USA Inc. and
`
`Volvik, Inc. and alleges as follows:
`
`Jurisdiction, Parties & Venue
`
`1.
`
`This Court has subject matter jurisdiction pursuant to 15 U.S.C. §§ 1l25(a)
`
`(Lanham Act), 28 U.S.C. § 2201 (Declaratory Judgment), 1331 (federal question), and 1338
`
`(patent,
`
`trademark and copyright), and pursuant
`
`to 28 U.S.C. §
`
`1367 (supplemental
`
`jurisdiction).
`
`2.
`
`The plaintiff, FLGOLF, is a Florida corporation with its principal place of
`
`business in Lake County, Florida.
`
`3.
`
`On information and belief, defendant Volvik USA Inc. (“Volvik USA”) is a
`
`Florida corporation doing business in Orange County, Florida.
`
`4.
`
`On information and belief, defendant Volvik, Inc. (“Volvik SK”) is a South
`
`Korean company located in Seongnam, South Korea.
`
`

`
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`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 2 of 24 Page|D 2
`
`5.
`
`Jurisdiction over
`
`the defendants exists because they have purposefully
`
`directed their infringing and unfairly competitive products at the State of Florida, as well as
`
`other states, have created a controversy for which the plaintiff seeks a declaration, and have
`
`caused economic harm, the effect of which is felt primarily in Florida. Moreover, Volvik
`
`USA resides in Florida.
`
`6.
`
`Venue is proper in this district pursuant to 28 U.S.C. § 1400(a) and 28 U.S.C.
`
`§ 139l(b), because the plaintiff has its principal place of business in this district, defendant
`
`Volvik USA resides in this district, the defendants have directed their infringing and unfair
`
`activities at this district, and a substantial part of the events giving rise to the claim occurred
`
`within this district.
`
`7.
`
`FLGOLF has retained the undersigned firm and has agreed to pay a
`
`reasonable attorney fee.
`
`8.
`
`All conditions precedent to this action have occurred or have been waived.
`
`FLGOLF demands ajury trial on all issues so triable.
`
`General Allegations
`
`9.
`
`FLGOLF sells, among other things, golf balls under the trademark “Crystal.”
`
`10.
`
`As early as Spring 2002, FLGOLF began working with a Korean
`
`manufacturer, defendant Volvik SK,
`
`to manufacture golf balls with transparent covers.
`
`FLGOLF selected the trademark “Crystal” (the “Mark”) to brand the golf balls.
`
`In
`
`connection with its use of the Mark in commerce, FLGOLF designed and created the stylized
`
`design incorporating the Mark for use in conjunction with the Mark (the “Logo”). Volvik SK
`
`acted as FLGOLF’s Original Equipment Manufacturer or “OEM” for the “Crystal” golf balls.
`
`FLGOLF is currently in the process of registering the Mark on the principal register.
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 3 of 24 PageID 3
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 3 of 24 Page|D 3
`
`1].
`
`FLGOLF also designed, created, and used highly stylized packaging for its
`
`“Crystal” golf balls.
`
`12.
`
`Since 2002, FLGOLF has maintained continuous and uninterrupted use of
`
`both the Mark and the Logo in, among other things, all of its golf balls, packaging, written
`
`marketing materials, trade show displays, and Internet advertising. True and correct copies
`
`of examples of FLGOLF’s golf balls, packaging, and advertisements bearing the Mark and
`
`Logo are attached as Composite Exhibit “A.”
`
`13.
`
`In late 2009 or early 2010, defendant Volvik SK informed FLGOLF that it no
`
`longer intended to produce two-piece golf balls with transparent covers for FLGOLF. Volvik
`
`SK sought to have FLGOLF sell 3-piece and 4-piece balls, as well as other Volvik-branded
`
`balls, which were more profitable for Volvik SK, but less attractive to FLGOLF’s customers.
`
`14.
`
`On January 20, 2010, FLGOLF terminated its contract with Volvik SK.
`
`15.
`
`On April 20, 2010, FLGOLF infonned Volvik that it would sell the inventory
`
`of golf balls Volvik SK had manufactured for FLGOLF. FLGOLF also informed Volvik that
`
`FLGOLF owned the trademark “Crystal,” and that it would continue marketing its golf ball
`
`products under that mark.
`
`16.
`
`Subsequently, FLGOLF located and engaged another manufacturer to produce
`
`the golf balls using the Mark, the Logo, and the stylized packaging. FLGOLF, working with
`
`its new manufacturer, created a new golf ball, with a new dimple pattern, using a translucent
`
`cover.
`
`FLGOLF continued to use the trademark “Crystal” in connection with the
`
`manufacture, sale, and marketing of the new golf balls.
`
`17.
`
`Apparently, Volvik SK and Volvik USA failed to acknowledge FLGOLF’s
`
`creation and use of the trademark “Crystal.” Following tennination of the contract by
`
`FLGOLF, Volvik began producing golf balls using FLGOLF’s trademark “Crystal.” The
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 4 of 24 PageID 4
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 4 of 24 Page|D 4
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`defendants market and sell those golf ball products in this judicial district and throughout the
`
`United States. For example, the defendants promoted the infringing products at the recently-
`
`concluded PGA Merchandise Show in Orlando, Florida.
`
`18.
`
`The defendants’ production and sale of golf balls and golf ball packaging
`
`using FLGOLF’s Mark and Logo are collectively referred to as the defendants’ “Infringing
`
`Use.”
`
`COUNT I:
`
`LANHAM ACT VIOLATION — TRADEMARK INFRINGEMENT
`
`19.
`
`FLGOLF incorporates herein by reference the allegations in Paragraphs 1
`
`through 18.
`
`20.
`
`In or about July 2002, FLGOLF began selling golf balls using the “Crystal”
`
`Mark and Logo and fanciful packaging.
`
`In May 2009, FLGOLF revised its packaging to
`
`indicate it was doing business as “Crystal Golf by FLGOLF, Inc.” Until late 2009 or early
`
`2010, Volvik SK manufactured the “Crystal” golf balls for FLGOLF.
`
`21.
`
`FLGOLF has expended considerable resources (including thousands of
`
`dollars) marketing, advertising, and promoting its golf ball products under the Mark and
`
`Logo, and its fanciful packaging, throughout the United States and the State of Florida,
`
`including at the PGA Merchandise Show.
`
`22.
`
`The FLGOLF Mark and Logo are distinctive and well known to the golf
`
`industry and members of the purchasing public. The public generally associates the Mark,
`
`Logo, and fanciful packaging with FLGOLF’s excellent reputation and high-quality golf
`
`products.
`
`23.
`
`The FLGOLF Mark and Logo have never been abandoned.
`
`24.
`
`The FLGOLF Mark and Logo are distinctive and famous.
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 5 of 24 PageID 5
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 5 of 24 Page|D 5
`
`25.
`
`The defendants have been and currently are using the FLGOLF’s Mark and
`
`Logo on golf balls and packaging.
`
`26.
`
`The defendants’ unauthorized reproduction, copying,
`
`imitation, and use of
`
`FLGOLF’s Mark and Logo constitutes trademark infringement and is likely to cause
`
`confusion and mistake in the minds of the purchasing public as to the source of the products
`
`in violation of 15 U.S.C. § 1114.
`
`27.
`
`FLGOLF has an incomplete remedy at law. The defendants’ conduct has
`
`caused, and, if not enjoined, will continue to cause, irreparable harm and damage to the rights
`
`of FLGOLF in its trademarks, business, reputation and goodwill.
`
`28.
`
`The defendants’ activities constitute willful and intentional infringements of
`
`the FLGOLF Mark and Logo. The defendants’ knowing colorable imitation of the FLGOLF
`
`Mark and Logo has been, and continues to be, a violation of FLGOLF’s rights.
`
`29.
`
`The defendants’ use of the Mark and Logo is likely to cause confusion,
`
`mistake or deception among ordinary customers of these products as to the products’ origin,
`
`sponsorship or approval of their products by FLGOLF.
`
`30.
`
`FLGOLF is entitled to injunctive and monetary relief against the defendants.
`
`3].
`
`The defendants’ actions make this case exceptional under 15 U.S.C. §
`
`1ll7(a).
`
`WHEREFORE, FLGOLF demands the following relief in its favor and against the
`
`defendants:
`
`(a)
`
`That the defendants,
`
`including their agents, employees, successors,
`
`assigns, and all other persons acting in concert with or affiliated with them, be temporarily
`
`and permanently enjoined and restrained from copying, producing, marketing and selling
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 6 of 24 PageID 6
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 6 of 24 Page|D 6
`
`goods bearing the Mark, Logo, or both of FLGOLF and from using any mark or logo that is
`
`confusingly similar;
`
`(b)
`
`That the defendants be ordered to file, within thirty (30) days of the
`
`issuance of the injunction, a swom report setting forth in detail the manner in which they
`
`have complied with the injunction;
`
`(c)
`
`That FLGOLF be awarded statutory damages for the defendants’
`
`willful infringement of the FLGOLF Mark and Logo by the defendants;
`
`(d)
`
`(e)
`
`(f)
`
`That FLGOLF’s damages be trebled for the willful infringement;
`
`That FLGOLF be awarded its costs and attorney fees;
`
`That FLGOLF be awarded appropriate prejudgment and post-
`
`judgment interest; and
`
`(g)
`
`That FLGOLF be awarded such additional relief as the circumstances
`
`warrant.
`
`COUNT II: LANHAM ACT VIOLATION — FEDERAL UNFAIR COMPETITION,
`FALSE DESCRIPTION AND FALSE DESIGNATION OF ORIGIN
`
`32.
`
`FLGOLF incorporates by reference the allegations in Paragraphs 1
`
`through
`
`18.
`
`33.
`
`In or about July 2002, FLGOLF began selling golf balls using the “Crystal”
`
`Mark and Logo.
`
`34.
`
`FLGOLF has expended considerable resources (including thousands of
`
`dollars) marketing, advertising, and promoting its golf ball products under the Mark and
`
`Logo throughout
`
`the United States and the State of Florida,
`
`including at
`
`the PGA
`
`Merchandise Show.
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 7 of 24 PageID 7
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 7 of 24 Page|D 7
`
`35.
`
`The FLGOLF Mark and Logo are indicia of origin of the golf products
`
`bearing the Mark and Logo that purchasers rely upon as a symbol of assurance as to the
`
`quality of the product.
`
`36.
`
`FLGOLF has been using the FLGOLF Mark and Logo since July 2002.
`
`37.
`
`FLGOLF’s Mark and Logo are inherently distinctive and are distinctive to and
`
`have secondary meaning with the purchasing public.
`
`38.
`
`The FLGOLF Mark and Logo are distinctive and well known to the golf
`
`industry and members of the purchasing public. The public generally associates the Mark,
`
`Logo, and fanciful packaging with FLGOLF’s excellent reputation and high-quality golf
`
`balls.
`
`39.
`
`The FLGOLF Mark and Logo are distinctive and famous.
`
`40.
`
`The defendants have been and are currently using the Mark and Logo for their
`
`golf balls and packaging, which are substantially identical
`
`to the FLGOLF golf balls’
`
`markings.
`
`41.
`
`The defendants’ unauthorized, intentional, and unlawfiil use in commerce of
`
`the FLGOLF Mark and Logo constitutes use in commerce of a word, term, name, symbol, or
`
`device, or a combination thereof, or a false designation of origin, false or misleading
`
`description and false representation that is likely to cause confusion, reverse confusion or
`
`mistake, or to deceive as to affiliation, connection or association of FLGOLF with the
`
`defendants, or as to origin, sponsorship or approval of the defendants’ goods, services or
`
`commercial activities by FLGOLF, or to cause reverse confusion.
`
`42.
`
`The defendants’ acts and use of the Mark and Logo constitute unfair
`
`competition and false designation and/or
`
`false description of origin in violation of
`
`§43(a)(l)(A) of the Lanham Act, 15 U.S.C. § 1l25(a)(1)(A).
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 8 of 24 PageID 8
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 8 of 24 Page|D 8
`
`43.
`
`FLGOLF has an incomplete remedy at law. The defendants’ conduct has
`
`caused, and, if not enjoined, will continue to cause, irreparable harm and damage to the rights
`
`of FLGOLF in its trademark, business, reputation and goodwill.
`
`44.
`
`The defendants’ activities constitute willful and intentional violations of the
`
`Lanham Act. The defendants’ knowing use of the Mark and Logo continue to be a violation
`
`of FLGOLF’s rights.
`
`45.
`
`FLGOLF has no adequate remedy at law.
`
`46.
`
`FLGOLF is entitled to injunctive and monetary relief against the defendants.
`
`47.
`
`The defendants’ actions make this case exceptional under 15 U.S.C. §
`
`l1l7(a).
`
`WHEREFORE, FLGOLF demands the following relief against the defendants:
`
`(a)
`
`That the defendants,
`
`including their agents, employees, successors,
`
`assigns, and all other persons acting in concert with or affiliated with them, be temporarily
`
`and permanently enjoined and restrained from copying, producing, marketing and selling
`
`goods bearing the Mark and Logo of FLGOLF and from using any mark or logo that is
`
`confusingly similar;
`
`(b)
`
`That the defendants be ordered to file, within thirty (30) days of the
`
`issuance of the injunction, a sworn report setting forth in detail the manner in which they
`
`have complied with the injunction;
`
`(c)
`
`That FLGOLF be awarded statutory damages for the defendants’
`
`willful infringement of the FLGOLF Mark and Logo by the defendants;
`
`(d)
`
`(e)
`
`That FLGOLF’s damages be trebled for the willful infringement;
`
`That FLGOLF be awarded its costs and attorney fees;
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 9 of 24 PageID 9
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 9 of 24 Page|D 9
`
`(i)
`
`That FLGOLF be awarded appropriate prejudgment and post-
`
`judgment interest; and
`
`(g)
`
`That FLGOLF be awarded such additional relief as the circumstances
`
`warrant.
`
`COUNT III: COMMON LAW TRADEMARK INFRINGEMENT
`
`48.
`
`FLGOLF incorporates by reference the allegations in Paragraphs 1 through
`
`18.
`
`49.
`
`FLGOLF owns and enjoys common law trademark rights in Florida in and to
`
`the FLGOLF Mark and Logo, which are superior to any rights that the defendants may claim
`
`in any form or style with respect to the products and services provided.
`
`50.
`
`Use of the Mark and Logo by the defendants in connection with the same or
`
`similar products as those sold by FLGOLF in Florida is likely to cause, has caused, and will
`
`continue to cause consumer confusion as to the source of the defendants’ products in that
`
`consumers and members of the trade will likely associate or have associated the defendants’
`
`products with or as originating from FLGOLF to FLGOLF’s detriment.
`
`51. WHEREFORE, FLGOLF demands
`
`the
`
`following relief against
`
`the
`
`defendants:
`
`(a)
`
`That the defendants,
`
`including their agents, employees, successors,
`
`assigns, and all other persons acting in concert with or affiliated with them, be temporarily
`
`and permanently enjoined and restrained from copying, producing, marketing and selling
`
`goods bearing the Mark and Logo and from using any mark or logo confusingly similar to
`
`those of FLGOLF.
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 10 of 24 PageID 10
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 10 of 24 Page|D 10
`
`(b)
`
`That the defendants be ordered to file, within thirty (30) days of the
`
`issuance of the injunction, a sworn report setting forth in detail the manner in which it has
`
`complied with the injunction;
`
`(c)
`
`(cl)
`
`warrant; and
`
`That the defendants be awarded their damages;
`
`That FLGOLF be awarded such additional relief as the circumstances
`
`(e)
`
`That FLGOLF be awarded appropriate prejudgment and post-
`
`judgment interest.
`
`COUNT IV: DECLARATORY JUDGMENT
`
`52.
`
`FLGOLF incorporates by reference the allegations in Paragraphs 1
`
`through
`
`18.
`
`53.
`
`This is an action for declaratory judgment, pursuant to 28 U.S.C. § 2201 and
`
`Federal Rule of Civil Procedure 57, to resolve an actual case and controversy between the
`
`plaintiff and the defendants concerning the parties’ respective rights to use the trademark
`
`“Crystal” as a mark and a logo.
`
`54.
`
`FLGOLF seeks a declaration from the Court that it enjoys the exclusive right
`
`to use the trademark “Crystal” in connection with the marketing and sale of golf balls and
`
`related products,
`
`that
`
`the defendants lack the right to use the trademark “Crystal” in
`
`connection with their sale of golf balls and related products, and that defendant Volvik SK
`
`was a contract manufacturer for FLGOLF.
`
`10
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 11 of 24 PageID 11
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 11 of 24 Page|D 11
`
`55.
`
`There is a bona fide, present, practical need for the declaration given the
`
`parties’
`
`respective positions.
`
`The defendants have accused FLGOLF of trademark
`
`infringement, unfair competition, false designation of origin, and other bad acts. The
`
`defendants threatened to sue FLGOLF and its principals for trademark and copyright
`
`infringement, and have demanded various forms of relief from FLGOLF.
`
`56.
`
`The declaration pertains to a present, ascertainable set of facts and controversy
`
`between the parties.
`
`57.
`
`The defendants have a present antagonistic interest to FLGOLF.
`
`58.
`
`The relief sought by this count is not merely for the purposes of obtaining
`
`legal advice from the Court or answers to questions propounded out of curiosity.
`
`WHEREFORE, FLGOLF demands judgment in its favor, declaring: (a) as between it
`
`and the defendants, FLGOLF enjoys the exclusive right to use the mark “Crystal” in
`
`connection with the marketing and sale of golf balls and related products; (b) that the
`
`defendants lack the right to use, or to prohibit the use of, “Crystal” in connection with the
`
`marketing and sale of golf balls and related products; (0) that Volvik SK was a contract
`
`manufacturer or OEM for FLGOLF’s “Crystal” golf balls; and ((1) such additional relief as
`
`the circumstances warrant.
`
`Respectfully submitted,
`
`1
`
`3lCHAEL D. CROSBIE, ESQ. (Trial Counsel)
`
`Florida Bar No. 72575
`
`DANIEL J. BARSKY, ESQ.
`Florida Bar No. 0025713
`
`SHUTTS & BOWEN LLP
`
`300 S. Orange Avenue, Suite 1000
`Orlando, Florida 32801
`Telephone: 407-835-6796
`Facsimile: 407-849-7275
`
`Email: mcrosbie@shutts.com
`
`ll
`
`ORLDOCS 12793291 2 367710003
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 12 of 24 PageID 12
`Case 5:13—cv—OOO59—WTH—PRL Document 1 Filed 02/05/13 Page 12 of 24 Page|D 12
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`
`
`

`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 13 of 24 PageID 13
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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 14 of 24 PageID 14
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`NEW FOR 2012!
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`Crlgstal Go“: bans come in a variety
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`TESTED DAILY OB-NOV
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`EXCELLENT
`
`Manufacturer Description
`Two Piece Construction
`Crystal Clear \/isrbimy
`70 Compression golf ball
`392 Dimple Pallern
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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 15 of 24 PageID 15: deo I Chat
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`FL Golf Crystal Golf Balls - Butterfly Logo
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`FL Golf Crystal Golf Balls - Butterfly Logo
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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 16 of 24 PageID 16
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`V Golf Crystal Golf Balls - Butterfly Logo
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`Golfba||s.com Description
`The V Golf Crystal golf balls obtains the longest and straightest flight distance without sacrificing true 70 compression or soft feeling. The soft feel comes from a resilient soft
`surlyn cover. a low compression control core and high energy oriented oore. Thie combination makes the V Golf Crystal the most comfortable ball on the market.
`
`V Golfs Crystal golf balls have a custom butterfly design on each ball. These golf balls are the most comfortable ball on the marker due to its true 70 compression and soft
`feel. Its soft feel comes from the resilient surlyn cover, low compression control core and high energy oriented core.
`
`Crystal cover
`70 compression
`The highest content core
`Butterfly logo on each ball
`
`User Ratings & Reviews (0 Reviews)
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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 17 of 24 PageID 17
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`TESTED DAILY os.uov
`
`
`
`EXCELLENT
`
`
`
`Manufacturer Description
`- Two Piece Construction
`- crystal Clear Vasibility
`- 70 Compression golf ball
`- 392 Dimple Pattern
`
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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 18 of 24 PageID 18 eo /Chat
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`TESTED DAILY OB-NOV
`
`EXCELLENT
`
`Golfballs.com Description
`The V Golf Crystal golf balls obtains the longest and straightest flight distance without sacrificing true 70 compression or soft feeling. The soft feel comes from a resilient soft
`surtyn cover. a low compression control core and high energy oriented oore. Thie combination makes the V Golt Crystal the most comfonable ball on the market.
`
`V Golfs Crystal golf balls have a custom bee design on each ball. These golf balls are the most comfortable ball on the marker due to its true 70 compression and soft feel
`Its soft feel comes from the resilient surtyn cover. low oompression oontrol oore and high energy oriented core.
`
`Crystal cover
`70 compression
`The highest content core
`Bee logo on each ball
`
`User Ratings & Reviews (0 Reviews)
`
`Be the first to review this rnroduct.
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`No one has reviewed this product.
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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 19 of 24 PageID 19
`
`Pay easily and securely with the ll‘lfOl'fl’l.'3ti0l1 in your Amazon account.
`
`fl
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`Fl. Golf Crystal Golf Balls
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`FL Golf Crystal Golf Balls
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`Avg Rating: Sout of 5
`
` view‘i
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`Share-_ | '3 3;
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`$19.95
`
`Select Opf:ion(s) Above 4*
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`Manufacturer Description
`Obtain the longest and straighlest flight distance without sacrificing true 70 compression or a soft feeling. The soft feel results from a resilient soft surlyn cover. a low
`compression control core and a high energy oriented core They each work together to make the Crystal golf ball the most comfortable ball on the market.
`- Control I Distance model with an extreme soft feeling
`- The optimal combination of superior feel and excellent distance for ladies and seniors
`-
`1 Cover + 1 Core structure
`- 392 pentahedral dimple pattern
`- Conforms to USGA and R 8. A rules
`
`User Ratings & Reviews (1 Reviews)
`
`it at ‘k it ~k Avg Rating: 5 out of 5
`
`r 5‘h'¢w Au " Cwinge: a aev1:w:‘,
`
`Volvik crystals
`it fr ‘k ‘k at
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`3/10/9013
`
`I am a 67 year old man who started using the Volvik Crystal ball early in 2012. The 70 compression allowed me to slow my swing speed down. thus gaining accuracy &
`distance. I have added approximately 15-20 yards distance. They wear incredibly well. I have given some balls to friends and they now use them also. One friend got a
`riole—in-one on a par 3 that he previously had not been able to reach the green. I would recommend these to anyone who has a slower swing speed and would like to
`enhance his game.
`
`Frequently asked questions about
`
`Are these Volvik balls?
`
`Bill (Bachmanville, PA)
`Handicap 20-30
`
`Ron Wiens
`i/20/2079 7 4? PM
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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 20 of 24 PageID 20
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`Pay easily and securely with the information in your /«mazon account.
`
`fl
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`Search
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`V Golf Crystal Golf Balls
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`Authorized Dealer
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`V Golf Crystal Golf Balls
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`Be the first to review this product. (
`
`Stock
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`
`§-like I I3 *5
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`$19.95
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`Select 0ption(s) Above 4*-
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`TESTED ILWLY 08-NOV EXCELLENT
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`(ondition
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`Color
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`Pi it-2‘
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`Large!
`Image
`
`
`
`Manufacturer Description
`2 Piece Construction
`Sofl Fee! 70 Compression
`432 Dimple Structure
`Classic Crystal Cover
`
`User Ratings E: Reviews (0 Reviews)
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`)
`
`Frequently asked questions about
`
`Hi Johnny, How do these balls differ from the FL peach crystal balls and from Volvik? Thanks, Jan
`
`Very similar actually. I tested them out against both.
`
`Jan Milne
`.7J’.-.)l:/?:{ <— 25 0.1.4
`
`Golfballscom Employee: Johnny
`03/07/2012 : 23
`
`Isn't the word "Crystal" an infringment on the Volvik golf ball company? it's made to look like and mimic the Volvik in my
`opinion. Have the Chinese done it again on this ball?
`
`

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`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 21 of 24 PageID 21
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`FTri:'E_aEe"»zTeT~W
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`0“
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`Image
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`56 Ground
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`3-Day
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`1-Day
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`Thu. Nov 15
`
`Wed, Nov 14
`Tue. Nov 13
`
`Fri, Nov 09
`
`tiymcnteesscuar
`TESTED DAILY 0S—NOV
`
`EXCELLENT
`
`Manufacturer Description
`Two Piece Construction
`Crystal Clear Visibility
`70 Compression golf ball
`392 Dimple Pattern
`
`User Ratings & Reviews (0 Reviews)
`
`Be the first to review this product.
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`4,c_i.a_i
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 22 of 24 PageID 22
`Fed.-'.:\
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`fl
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`V Golf Crystal Golf Balls - Lady Bug Logo
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`Pay" easily and S&CUl'C‘l}’ with the inform.'at‘i0n in your Amazon account.
`Personalize this product / -'
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`V Golf Crystal Golf Balls - Lady Bug Logo
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`Be the first to review this product.
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`f.wr'iE?@Zw1
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`Tue. Nov 13
`
`Fri, Nov 09
`
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`TESTED t-AILY os-Nov
`
`
`
`STELLA
`Service"
`EXCELLENT
`
`
`
`Go|fballs.com Description
`The V Golf Crystal golf balls obtains the longest and straightest flight distance without sacrificing true 70 compression or soft feeling. The soft feel comes from a resilient soft
`surlyn cover, a low compression control core and high energy oriented core. The combination makes the V Golf Crystal the most comfortable ball on the market
`
`V Golfs Crystal golf balls have a wstorn lady bug design on each ball. These golf balls are the most comfortable ball on the marker due to its true 70 compression and soft
`feel. Its soft feel comes from the resilient surlyn cover. low compression control core and high energy oriented core.
`
`- Crystal cover
`' 70 compression
`- The highest content core
`- Lady Bug logo on each ball
`
`User Ratings & Reviews (0 Reviews)
`
`Be the first to review this product.
`
`Ask A Question
`
`Your Name
`
`Your Email Address
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`No one has reviewed this product.
`
`I
`
`Be the first to leave a review
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`~
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`Optional, So we can reply
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`

`
`
`Case 5:13-cv-00059-WTH-PRL Document 1 Filed 02/05/13 Page 23 of 24 PageID 23
`s o §g2o'.°i
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`FL Golf Crystal Golf Bal

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