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Saturday, Oct. 31, 2009

Two midstate golf cart dealers in legal tussle over name

An Eastman golf cart dealer has filed a federal lawsuit against a Perry golf cart dealer, alleging trademark infringement on “The Beast,” an off-road electric golf cart.

Golf Cart World Inc., located on Pine Bluff Road in Eastman, alleges the public has come to recognize the company as the source of golf carts bearing “The Beast” trademark. Later, Mike’s Golf Carts LLC, located on Ga. 341 in Perry, started marking its golf carts with the name “The Beast Buggy,” according to the lawsuit, filed Thursday in U.S. District Court.

Tim Moore, one of the owners of Golf Cart World, described “The Beast” manufactured by his company as an electric and gasoline-powered hunting vehicle. He referred further questions to his attorneys.

Macon attorney Tom Richardson, who is representing Golf Cart World, declined to comment Friday, saying he didn’t want to discuss a pending case.

Mike Williams, owner of Mike’s Golf Carts, said he started building a heavy duty, high-powered golf cart about eight years ago.

The golf cart named “The Beast” was designed for multiple uses including hunting and farming, he said.

Williams said he didn’t trademark the name.

“I didn’t ever think I needed it,” he said.

Then about two years ago, Golf Cart World started selling a golf cart with the same name, Williams said.

In response, Williams changed the name of his golf cart to “The Beast Buggy.”

“It wasn’t the same name, but it still had ‘The Beast’ in it,” he said.

Golf Cart World argues that Mike’s Golf Carts LLC’s use of the trademark has caused confusion, misunderstanding and has committed trademark infringement, according to the lawsuit.

Golf Cart World is asking the court to stop the Eastman company from infringing on “The Beast” trademark, that the case be tried by a jury and that it be awarded monetary damages and reimbursed for litigation expenses, according to the lawsuit.

Williams’ attorney, Brian Adams, said he plans to file an answer to the lawsuit and a counterclaim.

To contact writer Amy Leigh Womack, call 744-4398.