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ETW Corp. v. Jireh Publishing, Inc.
United States Court of Appeals for the Sixth Circuit
332 F.3d 915 (2003)
ETW Corp. (plaintiff), the agency which represented professional golfer Tiger Woods, brought suit against Jireh Publishing, Inc. (Jireh) (defendant) for trademark infringement under the Lanham Act and other claims. Jireh marketed prints of a painting created by Rush which depicted Woods’ 1997 victory at The Masters Tournament in Augusta, Georgia, an image of Woods, the leader board, images of Woods’ caddy, and several images of previous winners. Additional materials included Woods’ name under the flap of the envelopes which contained the prints and in a narrative description of the print. ETW claimed that the Lanham Act protected the image of Woods and any marketing materials containing Woods’ name. The district court granted summary dismissal in favor of Jireh and ETW appealed.
Rule of Law
Holding and Reasoning (Graham, J.)
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