Nitro Leisure Products, L.L.C. v. Acushnet Co.
United States Court of Appeals for the Federal Circuit
341 F.3d 1356 (2003)
Nitro (defendant) collected used golf balls, and for scuffed ones stripped and repainted them, stamped them with the original manufacturer Acushnet's (plaintiff's) trademark, and sold them as "refurbished" with a disclaimer describing the refurbishment and disclaiming manufacturer approval. Acushnet sued for trademark infringement and sought a preliminary injunction, arguing the altered balls no longer resembled genuine Acushnet balls; the district court found Acushnet unlikely to succeed on the merits and denied the injunction, and Acushnet appealed.
Whether a party may generally sell second-hand goods bearing the original manufacturer's trademark even where the goods have been altered or refurbished.