Nitro Leisure Products, L.L.C. v. Acushnet Co.

341 F.3d 1356 (2003)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
N
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Nitro Leisure Products, L.L.C. v. Acushnet Co.

United States Court of Appeals for the Federal Circuit
341 F.3d 1356 (2003)

  • Written by Lauren Petersen, JD

Facts

Acushnet Company (Acushnet) (plaintiff) was a top-selling golf-ball manufacturer. Nitro Leisure Products, L.L.C. (Nitro) (defendant) sold used golf balls. After collecting used balls, if the balls were in good condition, then Nitro merely washed the balls and sold them as “recycled” balls. If golf balls were scuffed or stained, then Nitro removed their basecoat of paint, repainted the balls, added a clear coat, stamped the balls with their original manufacturer’s trademark, and sold them as “refurbished.” The refurbished balls were packaged with a disclaimer stating that the balls: (1) were refurbished; (2) had been stripped, repainted, and stamped by Nitro; and (3) were not approved or warranted by their original manufacturers. Acushnet sued Nitro for patent and trademark infringement and sought a preliminary injunction to stop Nitro from selling the refurbished balls. Specifically, Acushnet alleged that the refurbished balls were so altered in performance, quality, and appearance that they no longer resembled Acushnet balls and could not be sold under the Acushnet mark. The district court ruled that Acushnet had failed to show a likelihood of success on the merits and denied Acushnet’s motion for a preliminary injunction. Acushnet appealed.

Rule of Law

Issue

Holding and Reasoning (Linn, J.)

Dissent (Newman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 807,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 807,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 807,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Intellectual Property

Key Terms