8 months ago
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A BUSINESS owner has been ordered to make a major change to his new golf course after being served with a “cease and desist” letter by lawyers representing Tiger Woods.
Paying tribute to PopStroke, a business partly owned by Tiger, local golf professional Matthew Wharton was set to launch a premium mini-golf experience named PuttStroke.
Golf Môn
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Golf MônLike Tiger’s firm, Matthew’s venture promises visitors a family-friendly golf and outdoor dining experience.
The floodlit course, based in Llangefni, Wales, will be a mini version of those you’d see at a proper golf club.
But golfing icon Tiger, who is chasing more glory in this week’s Masters, has taken a dim view of Matthew’s new venture.
The name’s resemblance to Tiger’s enterprise drew the attention of the megastar and his American partners.
London-based JA Kemp, a leading firm of European patent and trademark attorneys, wrote to Matthew after his new venture was reported by North Wales Live.
Legal representatives believe there is a “substantial risk of confusion” between his PuttStroke and Tiger’s PopStroke.
Given the seasoned golfer’s high profile, the lawyers argued PuttStroke was taking “unfair advantage” of his company’s reputation.
They added: “In order to prevent this matter escalating, and in consideration of our client not taking any action against you in respect of your activities….our client requires that you give the following undertakings within 14 days of the date of this letter.”
There are seven undertakings, all related to ending the use of the PuttStroke name in a variety of online and real-world scenarios.
These include any word – or words – that sound similar in any combination.
But Matthew says that Tiger’s complaint mean the superstar might be “worried about the competition”.
Speaking to North Wales Live, Matthew said: “I was a bit shocked to receive the letter.
“It arrived pretty soon after I announced the venture.
“I was surprised it had caught Tiger’s eye so quickly, but I suppose in a way that’s quite a compliment – maybe it shows he’s worried about the competition!”
Construction equipment has already arrived at the Golf Mon site owned by Matthew, and he plans to inaugurate parts of the attraction this summer.
Yet, before the grand opening, he must find a new moniker for his establishment, a task for which he’s seeking the public’s input.
Matthew continued: “I’m happy to go along with the request and look for a new name. I’ve decided to seek inspiration from the public – to see if they can suggest something suitable.
“I’d be delighted to hear ideas for the new name so long as it’s not Putty McPuttFace or something.
“We live in a Welsh village and we’re trying to promote the Welsh language, so it would be good to hear suggestions for names that would translate well and put Welsh first.”
Matthew’s ambitious plans are to construct a new 18th hole bar and events building, complete with outdoor seating and a grill restaurant.
The site already boasts Popty Pizza, a restaurant featuring a wood-fired oven.
The golf course will be illuminated, allowing for extended opening hours and transforming it into an evening destination as well as a daytime activity.
This concept is gaining popularity in the US, where PopStroke offers luxury clubhouses, indoor children’s playgrounds, and premium-turfed 18-hole putting courses.
Likewise, Matthew’s mini golf course will have high-quality Astroturf for its fairways, coloured yellow for bunkers.
Some holes will be up to 20 metres long, each banked at the sides to prevent the need for boundaries between holes.
The Sun has contacted JA Kemp for comment.
What is a cease and desist letter?
A cease and desist letter is a specific type of letter which demands that the recipient immediately stops unlawful activity.
Cease simply means stop and desist means do not repeat the legally unlawful activity again in the future.
Often these letters threaten severe legal actions if the recipient does not cease and desist, which may include an application for an injunction.
If you want to send a cease and desist letter you need to be very confident in the facts and your legal position.
Making a mistake may severely impact your ability to take legal action and/or to succeed with any legal claim you later make.
The most common situations where a cease and desist letter is used for commercial disputes are:
- IP breaches such as breach of copyright, passing off, unlawful use of trademarks or designs or inventions.
- Issues arising with ex-employees relating to unlawful use of confidential data such as client lists and business critical databases or know how.
- Breach of confidentiality or breach of a non-disclosure agreement.
If you receive a cease and desist letter it does not necessarily mean you will end up in Court.
In fact, the letter is a useful opportunity for the parties to settle their issue, avoiding costly litigation.
However, cease and desist letters are not enforceable on their own. They are something that is used before someone starts legal action.
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