Judge Cox's Opinion Order, with Inbounds' Commentary

Here are quotations (italicized) taken from the Opinion Order by Judge Sean Cox, along with Inbounds’ commentary.
 

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Inbounds, Inc., Plaintiff, v. Case No. 11-10806 Gary Player Group, Inc., Defendant, Honorable Sean F. Cox

Judge Cox: “The phrase “no good deed goes unpunished” is a sardonic commentary on the frequency with which acts of kindness backfire on those who offer them. Gary Player is a famous professional golfer who, after the facts of this case, likely feels a new affinity for the phrase.” (Commentary by Inbounds: This opening phrase was cherry-picked from the defendant’s briefs and it should be applied to Inbounds’ situation, because Inbounds entirely bankrolled its own program for its mission to help youth.)

Judge Cox: “Inbounds ceased operations in 1995, after very little success in selling the prints.” (Commentary by Inbounds: Had the judge or his clerks read the briefs it would have been clear that Inbounds ceased operations due to health and family issues, and there was no trouble selling the prints.)

Judge Cox: “Defendant Gary Player Group, Inc. (the “Gary Player Group”) is a corporation associated with Gary Player that polices the Gary Player brand and attempts to prevent the illegal sale of Gary Player memorabilia.” (Commentary by Inbounds: According to the patent and trademark office, Inbounds also had the right and responsibility to protect our brand.

Judge Cox: “Simmons (sic) did not tell the archives specialist, or anyone else at the Gary Player Group, that he or Inbounds planned to sell prints on eBay or through ISold It. (Id. at 45).” (Commentary by Inbounds: I asked the GPG if they wanted to purchase some of the prints I was selling to raise funds. They then invited me to their headquarters where we discussed my program and the sale of the prints as a fundraiser. The prints had the likeness of Gary Player along with Inbounds’ trademarked slogan: “Play your Game, Live your Life Inbounds.” Shortly thereafter I got a letter in the mail stating I had no right to sell the prints. GPG did not have the right to tell me to whom I could sell my own branded property. Marc Player, in his deposition, said the prints were authentic. Therefore, how could they claim in their email that the prints were a “misappropriation?”) Also, why was it not resolved at that point, and concessions made by the GPG?

Judge Cox: “After seeing the eBay listing, a representative of the Gary Player Group sent a single e-mail to the consignment company questioning the consignment company's authority to sell the item. The e-mail was sent to, and addressed to, the consignment company and made no reference whatsoever to either Inbounds or its founder. Nevertheless, on January 12, 2012. Inbounds filed this action against the Gary Player Group, asserting two claims: ‘Tortious Interference with Advantageous Business Relationship or Expectancy’ and ‘Injurious Falsehood.’ ”

Judge Cox: “For the reasons set forth below, the Court shall grant summary judgment in favor of the Gary Player Group and shall dismiss this action with prejudice.”

Judge Cox: “It is undisputed that neither Simmons nor Inbounds have ever directly listed any of the prints for sale on eBay.com.” (Commentary: Inbounds hired IsoldIt to list the prints. This is a hair-splitting deflection by the defense that the judge used to deny that the GPG group interfered with Inbounds’ ability to conduct business and sell the prints. We think the court of public opinion will see through this deflection. )

Judge Cox: “The listing that the Consignment Company placed on eBay is attached to Plaintiff's Brief as Exhibit 15. The Consignment Company created that listing. The title of the listing was "SIGNED GARY PLAYER LIMITED EDITION CHALLENGE PRINT." The body of the listing stated:

For your consideration and purchase is a Limited Edition, signed and Numbered, Gary Player Character Challenge Print. This matted print measures 16" x 20" overall. The print comes with a certificate of authenticity. Print #72 was given to Mr. Gary Player for his 72nd Birthday, November 1, 2007. We wished him well in his future endeavors. This is your chance to Own a Piece of Golf History! Mr. Gary Player will make his 52nd and record breaking appearance at this years Master's Golf Tournament!

In 1993, Mr. Gary Player agreed to personally hand-sign 250 "Character Challenge" Limited Editions. They were autographed and given as a gift to Inbounds, Inc. to show his support. These prints were designed by Inbounds, Inc. The message "Play Your Game, Live Your Life Inbounds," is the trademark motto of Inbounds, Inc.”

Judge Cox: (Id.). The listing stated that the Consignment Company "is not the owner or seller of these goods, but merely a bailee acting on behalf of the seller" but does not identify the owner or seller of the print. (Id.)”. (Commentary by Inbounds: To the contrary, this is another deflection. This is a contradiction of what the judge himself quoted in the previous paragraph, i.e, “These prints were designed by Inbounds, Inc. The message "Play Your Game, Live Your Life Inbounds," is the trademark motto of Inbounds, Inc.” It is clear that Inbounds is selling the prints. As the court of public opinion, what outcome do you arrive at when you read the above paragraph? )

Judge Cox: “On February 25, 2009, the Consignment Company received an e-mail from Garnette Brown of the Gary Player Group, stating that the Consignment Company did not have the right to sell the prints. (Kamm Aff. I). That e-mail was sent to ISoldIt, through the eBay platform, and stated, in its entirety:

Dear isoldit.mi101,

We have learned that you have misappropriated an autographed memorabilia piece of Gary Player and that you have attempted to sell this item on eBay. You have no authority to do so, and we believe that you are aware that your actions are illegal. We demand that you return the item and all other Gary Player-autographed items that you have in your possession to us immediately. We have informed eBay of this violation of Mr. Player's rights and, based on our review of this matter with counsel, we will pursue further remedies against you if you do not return all Gary Player autographed items to us immediately. Very Truly Yours,

Garnette Brown Gary Player Group, Inc. c: Kevin Abraham Rynbrant, Esq. (Ex. 7 to Pl.'s Resp. Br.) (Emphasis added).” (Commentary by Inbounds: The judge emphasized you as a way of saying that the email was against ISoldit, not Inbounds. Does this not appear to be deflection and obfuscation?)

Judge Cox: “Kamm's Affidavit states that the Consignment Company "never consulted with the Gary Player Group prior to, or in connection with, listing the prints for sale on eBay" and that the Consignment Company "did not have authority from the Gary Player Group to sell the prints or to list them on eBay." (Kamm Aff. I). Kamm's Affidavit also states that the Consignment Company "listed the Prints on ebay.com for Inbounds." (Kamm Aff. II).

Inbounds's complaint asserts two claims: "Tortious Interference with Advantageous Business Relationship or Expectancy" (Count I); and "Injurious Falsehood" (Count II). Its complaint alleges that:

11. On February 25, 2009, Garnett [sic] Brown, on behalf of the Player Group, contacted eBay via e-mail and falsely asserted that Inbounds had no authority to sell the autographed prints, and maliciously asserted that Inbounds had "misappropriated an autographed memorabilia piece of Gary Player." The February 25, 2009 e-mail communication is already in the Player Group's possession.

(Compl. at 15) (emphasis added). (Commentary by Inbounds: Note the emphasis of Inbounds by the judge. This again is deflection. The judge is ignoring the false charge of misappropriation. Garnette Brown, in her deposition, admitted that if they had done proper investigation of the prints, they never would have had to go through the court process.)