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.)
