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Upright Tees - 3-1/4" (Pink) - (12 pk.)
Upright Tees - 3-1/4" (Pink) - (12 pk.)


 
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Price (Click on picture to purchase): $6.50

Product Code: UT-325P

Description
 

Upright Tees - (Pink) - (12) 3-1/4" plastic tees

Click on Upright Golf Playing Aids to learn about other Upright Golf playing aids.

On 8/15/18, UprightGolf.com “Upright Golf” received a letter from an attorney representing Martini Golf Tees, Inc. “Martini” regarding the manner in which “Upright Golf” was presenting and selling our ‘Cocktail Tees’ on our UprightGolf.com web site. The letter expressed their belief that UprightGolf.com was “using trade dress that is confusingly similar to the distinctive trade dress Martini uses in connection with its MARTINI TEES golf tees; thus causing unlawful confusion among consumers.

After doing some research we learned that Sec. 43(a) of the Lanham Act, 15 U.S.C.? 1125(a) (2012), provides a federal cause of action for unprivileged imitation, including trade dress infringement. We also learned that the important concepts of trade dress protection are that consumers not be confused, misled, or deceived as to whose product they are buying, that sellers’ goodwill – or investment in their reputation for quality – be protected, and that competition thereby be enhanced. The protection of trademarks and trade dress under 43(a) serves the same statutory purpose of preventing deception and unfair competition.

Previously unbeknownst to us, trade dress infringement is said to occurs when one company uses trade dress similar enough to another's to cause a "likelihood of confusion" in an ordinary buyer's mind. The legal term "trade dress" refers to the general appearance of a product or its packaging that reveals its source to customers. As an expression of absolute fairness to Martini Golf Tees, Inc. and as a way to demonstrate our support for and interest in fair business practices, “Upright Golf” wants to do everything that’s reasonably possible not to infringe on Martini Golf Tee’s trade dress. Consequently, we're changing the name of our 'Cocktail Tees' to 'Upright Tees' to avoid possible confusion with the 'Martini' brand. With this and future public notices, we want every customer to know that our 3-1/4” long tees with their over-sized head (previously known and sold under the brand name ‘Cocktail Tees’) and now called ‘Upright Tees’...are not made or provided by Martini Golf Tees, Inc. And, if you do decide to purchase our ‘Upright Tees’, understand that you are hence acknowledging that you the consumer have a clear understanding that you're not being confused, misled, or deceived as to whose product you are buying. These 3-1/4" over-size headed 'Upright Tees' are a product of "Upright Golf" NOT Martini Golf Tees, Inc.

Since 2002, UprightGolf.com has offered a comprehensive line of easy-to-use golf playing aids for senior golfers. All of our products are designed to make the game easier and more enjoyable! Like our very popular and even more durable ‘Birdbath Tees’ and “Magnetic CAP-Teeva Tees’, these ’Upright Tees’ (formerly known as ‘Cocktail Tees ’) also have an over-sized head to help our senior golf customers with ball placement on their tee. For UprightGolf.com, the over-sized head on each of these tees is simply and clearly one of function – to make it easier for our customers to tee their ball up - and if the over-sized heads weren’t important to many of our senior and/ or physically-challenged golf customers we wouldn’t go to the added manufacturing expense to have them made the way we do. “Upright Golf” also offers the ‘Upright Tees’ (formally known as ‘Cocktail Tees’) in a variety of colors – again, purely for functional reasons. The color choices allow any ‘visually impaired’ senior golfers to select a color that works best for them – making it easier for them to see and find their tee after teeing-off.

“Upright Golf” also finds it interesting that “Martini”, according to their letter, is apparently of the opinion that the ‘distinctive head shape of their tees’ has nothing to do with the function of their tees – an issue that isn’t covered under the trade dress umbrella. Yet on MartiniGolfTees.com their customer testimonials, claims, photos, test results, and video all tout the functional and performance advantages of the “Martini” golf tees (including the Martini Twist) because of their tee’s distinctive design features. “Martini” even makes the claims that the distinctive size and shape of the head on their tees allows the golfer to tilt the tee 20% towards the hole for straighter and longer drives. Now, if that isn’t a direct reference to function I don’t know what would be!

I'm wondering if "Martini" might be more concerned about the ‘good old-fashioned competition' that UprightGolf.com provides them than they are about legitimate trade dress issues. We thank you for your continued support and loyalty – Upright Golf is ending the bending!

NOTE: These 'Upright Tees' WILL NOT work with the Joe´s Original BACKTEE or the Upright Golf Stick!