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Cleveland Golf Sues Ebay Merchants for Claiming to be Authorized Dealers.

BOSTON, June 1, 2009 -- Ebay merchants Joseph and Daniel Cinicolo are accused of trademark dilution and false advertising in a federal lawsuit filed today by the Roger Cleveland Golf Company, Inc.

The Roger Cleveland Golf Company, Inc. is the manufacturer of golf clubs, golf equipment, and clothing under the CLEVELAND GOLF brand since 1979.

The complaint filed with the U.S. District Court for the District of Massachusetts states the Cinicolos have operated a successful online eBay business using the IDs tallman4500 and miscountdiscountgolf to sell golf equipment. Cleveland Golf alleges the defendants have sold over 10,000 clubs bearing various Cleveland trademarks since 2008 totaling $1.7 million is sales since 2008.

Cleveland Golf retained a private investigator who purchased golf clubs from the Cinicolos on Ebay which bore registered Cleveland trademarks. In consummating the sale, the Cinicolos represented that they acquired the clubs in brand new condition directly from Cleveland Golf and that they were an authorized Cleveland Dealer. In fact, Cleveland Golf has never has any direct dealings with the Cinicolos before.

By using the Cleveland Golf brand and representing themselves as authorized dealers, Cleveland Golf argues the Cinicolos have committed trademark infringement, trademark dilution, false advertising, civil conspiracy, and tortious interference with economic relations.

Cleveland Golf currently maintains at least 14 trademark registrations with the United States Patent & Trademark Office.