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Putter Company Direct Inquiry

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Browns7213

Junior Member
I recently contacted an up and coming golf putter manufacturer to ask who on any of the major golf tours was using their "revolutionary" clubs. The company got back to me and stated that there were many players on the PGA/LPGA tours that were using their putters, but they could not disclose who they were since they were not paying them to endorse their product. This seemed odd to me since these golfers are playing in fan attended events and on national TV and that the discovery of who used their putters would be obvious. And, I was not asking who they endorsed or who endorsed them simply who has the club in their bag. It doesn't seem like a direct inquiry by a private citizen about the clubs and their response would be seen as "Advertising Without the player's consent". What are your thoughts?
 


quincy

Senior Member
I recently contacted an up and coming golf putter manufacturer to ask who on any of the major golf tours was using their "revolutionary" clubs. The company got back to me and stated that there were many players on the PGA/LPGA tours that were using their putters, but they could not disclose who they were since they were not paying them to endorse their product. This seemed odd to me since these golfers are playing in fan attended events and on national TV and that the discovery of who used their putters would be obvious. And, I was not asking who they endorsed or who endorsed them simply who has the club in their bag. It doesn't seem like a direct inquiry by a private citizen about the clubs and their response would be seen as "Advertising Without the player's consent". What are your thoughts?
What is the name of your state?

Famous people get paid well to endorse a product. In fact, the majority of a celebrity's income can derive from lending their name and image to a company for use in promoting the company's product or service.

The manufacturer you contacted apparently had a (reasonable) fear of violating the publicity rights of the golfers.
 
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adjusterjack

Senior Member
I recently contacted an up and coming golf putter manufacturer to ask who on any of the major golf tours was using their "revolutionary" clubs. The company got back to me and stated that there were many players on the PGA/LPGA tours that were using their putters, but they could not disclose who they were since they were not paying them to endorse their product. This seemed odd to me since these golfers are playing in fan attended events and on national TV and that the discovery of who used their putters would be obvious. And, I was not asking who they endorsed or who endorsed them simply who has the club in their bag. It doesn't seem like a direct inquiry by a private citizen about the clubs and their response would be seen as "Advertising Without the player's consent". What are your thoughts?
My thoughts are that it was none of your business and the manufacturer had no obligation to reveal any of that information to you and was just sugar coating it to make you go away.
 

quincy

Senior Member
Many people prefer to purchase products known to be used by the famous people, which is why companies will pay a lot of money for endorsements.

I don't think it was "none" of Browns' business if learning the information requested could help Browns with a purchasing decision. The response he received from the golf putter manufacturer seems to be a professional one.
 

latigo

Senior Member
Many people prefer to purchase products known to be used by the famous people, which is why companies will pay a lot of money for endorsements.

I don't think it was "none" of Browns' business if learning the information requested could help Browns with a purchasing decision. The response he received from the golf putter manufacturer seems to be a professional one.
Most perceptive observations. Maybe even masterful, but retail merchandising, professional endorsements, customer preferences, product appeal, famous people, blah, blah, are not the business of this website!
 

quincy

Senior Member
Most perceptive observations. Maybe even masterful, but retail merchandising, professional endorsements, customer preferences, product appeal, famous people, blah, blah, are not the business of this website!
I like the "perceptive" and "masterful." :)

Why companies cannot randomly toss out the names of famous users of their products or services has a legal basis.

It will be under a state's publicity rights laws or misappropriation of a name or likeness/privacy laws or, in New York, civil rights laws or, in some cases, trademark laws that an unauthorized user of another's name or likeness to promote their products or services can be sued.

It is because of these laws that the putter company cannot use without legal risk a professional golfer's name in connection with their clubs unless/until they have an endorsement agreement with the professional golfer (which generally pays the golfer handsomely).

In other words, this is a legal issue legitimately dealt with on this forum (and it is an issue that has been addressed frequently in the past).
 

Browns7213

Junior Member
I like the "perceptive" and "masterful." :)

Why companies cannot randomly toss out the names of famous users of their products or services has a legal basis.

It will be under a state's publicity rights laws or misappropriation of a name or likeness/privacy laws or, in New York, civil rights laws or, in some cases, trademark laws that an unauthorized user of another's name or likeness to promote their products or services can be sued.

It is because of these laws that the putter company cannot use without legal risk a professional golfer's name in connection with their clubs unless/until they have an endorsement agreement with the professional golfer (which generally pays the golfer handsomely).

In other words, this is a legal issue legitimately dealt with on this forum (and it is an issue that has been addressed frequently in the past).
Quincy,

thank you for taking time to objectively answer my question!
 

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