Tabberone is pronounced tab ber won not tay ber own

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Nitro Leisure v Acushnet, 341 F.3d 1356 (Fed Cir 2003)

Acushnet manufactures and sells golfing equipment, and in particular, golf balls. Acushnet owns and has federally registered the trademarks. Nitro obtains and sells two categories of used golf balls at a discounted rate. The first category of balls are "recycled" balls. The recycled balls are those found in relatively good condition, needing little more than washing, and are repackaged for resale. The second category includes balls that are found with stains, scuffs or blemishes, requiring "refurbishing." According to Nitro, there is a large market for used golf balls. A primary question presented was the propriety of the re-application by Nitro of the Acushnet trademark, without Acushnet's consent, to genuine Acushnet golf balls that have been used, subjected to Nitro's refurbishing process, and then re-sold by Nitro as refurbished balls. Acushnet moved for a preliminary injunction on its trademark and patent claims. Following oral argument, the district court on August 9, 2002, issued its Order, concluding that Acushnet had failed to show a likelihood of success on the merits and denying preliminary injunctive relief on both the trademark and the patent law claims. Affirmed by the court of appeals.