Thursday, July 28, 2016

Was The First Tee Conceived Inbounds?

Introduction

Please Note: This blog contains two stories, one on who possibly originated the concept of The First Tee and one on the Gary Player Group. Please scroll down to read both of them, as your feedback is appreciated.

Click the following links ( video one; video two; video three) to see three 2-minute videos of Inbounds, Inc.'s founding partners discussing how The First Tee may have based their program on Inbounds' visionary concepts.

Inbounds, Inc. is a small nonprofit corporation that delivered services to at-risk youth. Inbounds developed programs to teach character core values to underprivileged kids through the game of golf. Inbounds presented its programs to several professional golf organizations in the late 1980s and early 1990s. Later, these golf organizations started a program called the The First Tee. It seemed very similar to Inbounds. In a related story, famed golfer Gary Player signed and gifted prints to Inbounds for a fundraising project. Unexpectedly, the Gary Player Group later forced these prints off Ebay, stating they were misappropriated. Despite legal counsel of the Jaffe Law Firm confirming that the prints were the intellectual property of Inbounds, Inc. the GPG forced Inbounds to file a claim. 

The purpose of our blog "Did Pro Golf Play Inbounds?" is to seek the court of public opinion regarding these two issues. We have pursued collaborative and legal means to no avail. We feel our story needs to be told. We also seek an  investigative journalist or other  investigative sources. We hope to encourage a civil discussion. We, Don Simons and Jim Nicholson of Inbounds, Inc. are sharing our experiences and views of what we and many other perceive as unfortunate questionable outcomes. We welcome your opinion on the contents within the blogs.

We have taken focused steps not to attack or do harm towards any individual or organization. We have not intentionally been reckless in our written commentary or words spoken within our videos. The pictures posted are to show the unique level of affiliation and contacts we had within the Golf industry. They are not intended to imply any specific person as being guilty or having committed a misdeed.

 
Our written concerns, inquires and responses back from The First Tee lacked clarity. Also, we believe the court's decision in Inbounds Inc's legal claim against the Gary Player Group did not reflect the substantive evidence presented by the esteemed lawyers of the Pepper Hamilton law firm. Since all avenues seeking the truth were shut down, nor could we afford an appeal process and possible court costs, we felt compelled to seek others' help. We respect the legal system but our claim against the GPG was denied oral arguments, though viewed valid by seven lawyers within two highly esteemed law firms. This was after months of discovery, hundreds of pages of briefs filed and thousands of dollars.  


We are now retired. Mr. Nicholson has been a deacon in the church for almost 30 years. We were teachers of character qualities to youth for a combined 80-plus years. We taught the importance of integrity, honesty, and good sportsmanship along with perseverance. Thus, we wondered how could we have encouraged hundreds of youth to live by these principles, but turn a blind eye when Inbounds was faced with what possibly may have been a wrong-doing.   

We thank you for your time and encourage your feedback. Please feel free to post responses to the blog or send comments to inboundsincinfo16@gmail.com. Inbounds, Inc. would like to thank the numerous persons who have supported Inbounds and the development of our blog!


Was The First Tee Conceived Inbounds?


We believe that some of the founding partners of the widely acclaimed program “The First Tee” may have based their program on Inbounds Inc.'s visionary concept. Inbounds' program teaches golf and life skills in harmony with character core-values to youth. The fundamentals of The First Tee are character values, yet we feel it may have grown out of unethical conduct. We created this blog with facts and documents that show the highest probability that support this claim. We are seeking an investigative firm, journalist/news media or individuals to explore our story. A collaboration of investigative journalists may provide the resources to uncover the story. More importantly, perhaps it will expose, give credit to, and answer the question: “Who was the originator of The First Tee concept?” 

The First Tee claims that they formulated their program and had no knowledge about Inbounds. However, two respected newspapers, The Detroit Free Press and The Michigan Chronicle, have written articles that contradict The First Tee’s claims: Free Press Article, August 8, 2008, “First Tee’s Character Called into Question;” Michigan Chronicle Article, December 2-6, 2008: “First Tee: Who Developed Youth Golf Program?” 

I, Donald L. Simons, am the founder and President of Inbounds, Inc., a non-profit organization that focused on character development for primarily, but not limited to, at-risk youth. I've been asked by a few who don't know me well as to why I do not let this issue go. I not only taught to youth the core values that are incorporated by The First Tee, but my lessons also discussed the value of having the courage to step up to the tee box and hit your first drive. Further, you should step up in school and ask questions to gain knowledge, as well as stand up to do the right thing. Another core value Inbounds taught was perseverance. Persevering to stay the course is not an easy journey for anyone. I strive to “Play my game and Live my life Inbounds.”

In 1988 and 1989, my partner Jim Nicholson and I presented our program to Selina Johnson’s Hollywood Golf in Detroit. I had served as a consultant to incorporate some of Inbounds’ concepts into her program. Hollywood Golf and Selina Johnson were then the recipient of the prestigious Card Walker award, one of the highest awards in golf, given by the PGA Tour. Other recipients have been Tom Watson, Jack Nicklaus and Bill Dickey. She and I attended the award program in Lacosta, California in January, 1989. There I met Tim Finchem, current Commissioner of the PGA Tour, and other top-level PGA executives. 

In the summer of 1989 we presented “The Sand Traps of Life” to the National Academy of Junior Golfers, a program within the PGA of America. Our program taught character-core-values and life skills. We presented this in good faith, without the knowledge that we should have had a confidentiality agreement which would have protected our concepts.

Subsequently we had about a dozen contacts—in-person meetings, letters and phone calls—with top PGA executives, including Greg Shreaves, then Director of Junior Golf, Joe Steranka, later CEO of the PGA of America, and Mike Peterson, then Manager of Junior Golf. (We have an audio tape of conversations with Mike Peterson and Joe Steranka, that we can make available.) These contacts carried an implied contract that Inbounds would work with the PGA to develop a national youth program implementing our concepts. Mike Peterson wrote, “(Inbounds’) proposed four levels of involvement certainly address many of our need areas…I will be back in touch with you after our Academy plans are finalized and then we can discuss further how we might work together.” Greg Shreaves wrote, “We're hopeful that there are ways in which Inbounds and the PGA can continue to work together.” Shreaves also wrote, “…one thing we could possibly consider is to allow the two of you to travel on behalf of the PGA promoting ‘teachable moments’ with character-building concepts.” One of the senior executives in the PGA of America, I can’t remember who, asked me if I’d leave Inbounds, Inc. to work for the PGA.

Inbounds and the PGA of America corresponded between 1989 and 1994, after which I (Donald Simons) was hospitalized with life-threatening blood clots and had to take a leave from Inbounds. The First Tee was founded in 1997 and its mission was to bring the game of golf with its character-building values to children who might not normally be exposed to the game. This is what I had shared with the golf executives. I told them that they had an image problem and they needed to bring more diverse youth into the game. One senior executive of the PGA told me they could not afford to do a national program of this scale. I told them they could not afford not to, because of their image, and suggested they join with other organizations within the golf industry. This would enhance the entire golf industry. The PGA of America is now listed as one of the founding partners of The First Tee, along with four other golf associations.  

In November 2006, I visited the World Golf Hall of Fame. I also visited The First Tee national headquarters and discovered that their booklet mirrored in detail Inbounds, Inc.'s program of working with youth. The First Tee’s phrases, “Golf is More than a Game,” and “teachable moments,” were exact phrases from Inbounds’ program, which we had used in our presentations to the PGA of America and others. Their flyer shows a youth playing out of a sand trap, and the message being sent is extremely similar to Inbounds’ flyer and presentation "The Sand Traps of Life." Please view and read the comparison.


I asked to speak to Mr. Joe Louis Barrow, CEO of The First Tee, and told him that it appeared that The First Tee had used my concepts. He evaded this issue, and deflected by asking me if I had a PGA card.
In December 2007, Inbounds had an attorney write to Mr. Joe Steranka, CEO of the PGA of America. We received a response from Helen Atter, VP of Legal and Business Affairs of the World Golf Foundation, denying Inbounds’ claim that we were the originator of The First Tee concept. We believe the response fell short and obfuscated the evidence we presented.

Jim Applegate, former President of the Michigan PGA and former President of the Gary Player Design Group, wrote a letter to Joe Steranka on behalf of Inbounds, Inc. in April 2007. Jim wrote, “I recall that Don (President of Inbounds) conducted pilot programs for the PGA…held under the guidance and direction of both Greg Shreaves and Mike Peterson…Don was stunned to see what The First Tee has developed into and believes that the program has incorporated many of his concepts, outlines and methods…I do think Don may have been wrongly treated…”


In early 2007, I spoke with Bill Dickey, a friend of mine who was in the same field of helping youth through golf. He stated that he agreed with me about the similarities between The First Tee and Inbounds, and said he would testify to that. Unfortunately, Bill passed away in October 2012. I am still in contact with his widow, Alice, who sent me his memorial brochure, which states, “Bill Dickey was the only individual to receive all three of golf's highest honors from the USGA, the PGA Tour, and the PGA of America.”

Inbounds, Inc. is not claiming anyone or all persons identified in documents or photos shown in this blog reflect their direct development in The First Tee program. Nor are they necessarily the people who breached the implied contract information as evidenced in talks and written documents. As I told The Michigan Chronicle, “I feel like my visionary concept and legacy has born fruit. However, I feel like a parent that has been excluded from the maturation process of its child.”

Inbounds, Inc. explored the possibility of legal action in February 2009 against The First Tee through the Jaffe Law Firm. However, in an ironic twist, that same month the Gary Player Group came after Inbounds for selling prints that Gary Player himself had signed. Gary Player lent his support to our mission, with the expressed purpose of helping us raise funds for primarily at-risk children. However, he ultimately abandoned Inbounds in that same mission by not intervening to stop the Gary Player Group from restricting Inbounds’ sale of prints. The Gary Player Group spent thousands of dollars to legally fight the sale of prints, which would have raised money for Inbounds’ charitable work, instead of simply allowing Inbounds to sell its own trademarked product.

Was it a coincidence that the Gary Player Group interfered with our business the same month that we began legal action against The First Tee?

(Please read our second blog, “Did Gary Player Turn a Blind Eye to Justice?” for further details about the Gary Player case.)

We did not have the resources to pursue both the Gary Player Group and The First Tee issues. We elected to file a claim of tortious interference against the Gary Player Group. Our claim was supported by two law firms and seven lawyers. Please see our blog regarding the Gary Player Group. Since we were unable to go to court against The First Tee, we are pursuing the court of public opinion and a media investigation.

We would like The First Tee to acknowledge that Inbounds, Inc. was the first to conceive and deliver the concepts to youth. We taught the concepts at the State of Michigan Maxey Boys School for incarcerated youth, Boys & Girls Club of Ypsilanti, Michigan, Hollywood Golf of Detroit, Michigan, and gave presentations to the PGA of America and other professional venues within the USA's golf industry, long before The First Tee was established. We presented Inbounds’ concepts at Oglebay Resort in Wheeling, West Virginia, at a national golf conference in the early 1990s. I have a list of those in attendance—there were likely 70 to 100 attendees of management status.

Maybe credit could come within The First Tee Manuals. These manuals list five founding partners. We feel if The First Tee has integrity, it will underscore Inbounds, Inc. or Donald Simons, President of Inbounds, Inc. as its visionary concept founder.

We have toiled years to seek and expose what we suspect as a copying of our concepts. We ran out of all avenues to receive closure and were reluctant because we did not want to do harm to the great service The First Tee is rendering to youth. Our last resort is to seek the court of public opinion. Therefore, you can decide for yourself who was the originator of the concepts used by The First Tee.

Inbounds’ slogan is “Play your game; live your life inbounds.” We think The First Tee was conceived out of bounds.

What do you think?

We thank you for your time and encourage your feedback.  Please feel free to post responses to the blog or send comments to inboundsinc.info16@gmail.com.
 








Letter from Gary Player Group, 12/2007


Court Briefs Claim Malice pp.18,19,10

These court briefs claim the Gary Player Group acted with malice toward Inbounds, Inc.

 





Wednesday, July 27, 2016

Hollywood Golf

Inbounds working with youth from Hollywood Golf.
Selina Johnson and Don Simons with the Card Walker Award, LaCosta, CA



 


Thursday, April 7, 2016

Gary Player Helping Sell Prints & Letter Informing Applegate & Letter to Gary re: Gift of Print


This letter, copied to Gary Player, highlights the program components of Inbounds, Inc.


In good spirit, Inbounds, Inc. sent a print to Gary Player for his 72nd birthday. 
The Gary Player Group then invited me down to discuss the possibility of the GPG purchasing some more of the prints. 

Inbounds' Likeness Print of Gary Player

 

In 1993, Gary Player individually hand-signed and gifted 250 prints of his likeness to Inbounds, Inc. Inbounds designed and paid for these limited-edition prints which bear our trademarked slogan, "Play your game, live your life inbounds." (Note in bottom right-hand corner that Inbounds is also registered.) Mr. Player knew that the prints were to be owned exclusively by Inbounds, Inc. These were to be sold to raise funds to support our program that, among other services, taught character core values to youth through golf. According to court documents, "Mr. Player did not limit or restrict Inbounds' ability to sell or transfer the prints." In February 2009, the Gary Player Group blocked the sale of the prints that were listed on Ebay, claiming that sale of the prints was illegal and that the prints were misappropriations. However, in a deposition, Mr. Marc Player stated the signatures were authentic. Please see our blog, Did Gary Player Turn a Blind Eye to Justice? for full details.



Exhibit 17



Deposition exhibit of letter from Gary Player Group demanding the prints be taken off Ebay.

Inbounds' Letter to Gary Player Hand-delivered by Applegate



Response Brief in Opposition




about me


I, Donald L. Simons, worked as a special education teacher for over 35 years before retiring in 2006. In 1989, after working for years with at-risk youth, I founded Inbounds, Inc. A primary initiative of Inbounds, Inc. was to develop character and integrity in youth through teachable moments in athletics. I chose golf at that time, a sport traditionally absent or ignored in many urban communities. The idea of teaching golf techniques along with character core values and life skills was my visionary concept.

 

My first job and encounter with golf was at the age of 11. I worked part-time in Ann Arbor, Michigan at a municipal golf course for five years. Though in high school I played every other sport competitively, I stayed close to the game of golf by playing in junior golf tournaments. As a minority, I had absolutely no adverse conflicts at all, even back in the 1950’s.

 

I met Selena Johnson, founder and president of Hollywood Golf, at a golf show and became a consultant to her program. My associate Jim Nicholson and I gave several workshops at her program and I travelled to LaCosta, California with her when she received the Card Walker Award in 1989. The Card Walker award is one of the most esteemed awards in golf. Other award recipients have been Tom Watson, Jack Nicklaus and Bill Dickey. At LaCosta, I met top executives of the PGA Tour, including Tim Finchem, then PGA Tour Chairman, Ruffin Beckwith, Vice President of PGA Tour Production, and Sid Wilson, then Director of Public Relations for the PGA Tour. Brief discussions were held regarding Inbounds’ concepts.

 

For several years thereafter, Jim Nicholson and I traveled and met with esteemed persons from elite golf organizations, most specifically the PGA of America, to discuss details of our concept. We were educators and they are the teaching arm of the golf industry. After being invited by the PGA of America to present our program, Inbounds’ concepts were embraced by the PGA of America’s upper management. A number of documented discussions were held regarding working jointly to develop Inbounds’ concepts nationally.

 

After founding Inbounds, Inc. in 1989, I continued to work as a special education teacher and coach with adjudicated youth at Maxey Boys’ Training School. I also conducted Inbounds’ golf programs for the Ypsilanti Boys’ and Girls’ Club. This endeavor was enhanced by Eastern Michigan University, and in particular, Tom Pendleberry, who was the golf pro and manager of Eastern Michigan’s golf course, now named Eagle Crest.

 

From 1989 to 1993 I served part-time as a field representative for the Gary Player Design Group. My connections with Gary illustrated his high level of integrity.

 

I, Donald L. Simons, worked as a special education teacher for over 35 years before retiring in 2006. In 1989, after working for years with at-risk youth, I founded Inbounds, Inc. A primary initiative of Inbounds, Inc. was to develop character and integrity in youth through teachable moments in athletics. I chose golf at that time, a sport traditionally absent or ignored in many urban communities. The idea of teaching golf techniques along with character core values and life skills was my visionary concept.

 

My first job and encounter with golf was at the age of 11. I worked part-time in Ann Arbor, Michigan at a municipal golf course for five years. Though in high school I played every other sport competitively, I stayed close to the game of golf by playing in junior golf tournaments. As a minority, I had absolutely no adverse conflicts at all, even back in the 1950’s.

 

I met Selena Johnson, founder and president of Hollywood Golf, at a golf show and became a consultant to her program. My associate Jim Nicholson and I gave several workshops at her program and I travelled to LaCosta, California with her when she received the Card Walker Award in 1989. The Card Walker award is one of the most esteemed awards in golf. Other award recipients have been Tom Watson, Jack Nicklaus and Bill Dickey. At LaCosta, I met top executives of the PGA Tour, including Tim Finchem, then PGA Tour Chairman, Ruffin Beckwith, Vice President of PGA Tour Production, and Sid Wilson, then Director of Public Relations for the PGA Tour. Brief discussions were held regarding Inbounds’ concepts.

 

For several years thereafter, Jim Nicholson and I traveled and met with esteemed persons from elite golf organizations, most specifically the PGA of America, to discuss details of our concept. We were educators and they are the teaching arm of the golf industry. After being invited by the PGA of America to present our program, Inbounds’ concepts were embraced by the PGA of America’s upper management. A number of documented discussions were held regarding working jointly to develop Inbounds’ concepts nationally.

 

After founding Inbounds, Inc. in 1989, I continued to work as a special education teacher and coach with adjudicated youth at Maxey Boys’ Training School. I also conducted Inbounds’ golf programs for the Ypsilanti Boys’ and Girls’ Club. This endeavor was enhanced by Eastern Michigan University, and in particular, Tom Pendleberry, who was the golf pro and manager of Eastern Michigan’s golf course, now named Eagle Crest.

 

From 1989 to 1993 I served part-time as a field representative for the Gary Player Design Group. My connections with Gary illustrated his high level of integrity.

 

Greg Shreaves' Letter

This letter shows acknowledgment by Greg Shreaves, then Director of Junior Golf, of Don's significant contribution to the ideas which were later incorporated into The First Tee. We think it also shows an implied contract. What do you think?

Picture of Selena, Calvin, Lee and Don


This is a picture of Don Simons, Calvin Peete, Selina Johnson and Lee Elder at the award ceremony in which Hollywood Golf won the Card Walker Award.

Bill Dickey Memorial Brochure

Bill Dickey, a personal friend, told me he knew who took my concept. However, he said he could not tell me, given his extensive ties with the higher ups in the golf industry, but would state it if deposed. 

This letter highlights a long-standing relationship with Bill Dickey, as it was copied to him.



Court Claim of Gary Player's Support


Summary

In addition to the previously-noted facts, here are Inbounds’ basic claims, quoted from the Motion for Summary Judgment:

“The facts of this case are simple and straightforward. Inbounds designed 250 prints of Gary Player. The prints were approved and personally signed by Gary Player, with the intention being that the prints would be sold to raise money for Inbounds’ charity efforts. When Inbounds attempted to sell the prints through ebay.com, Defendant (GPG), which did not even exist at the time the prints were signed, sent a false and malicious e-mail asserting that the prints had been “misappropriated,” and that Inbounds’ actions were “illegal.” As a direct result of Defendants’ tortious conduct, Inbounds is unable to sell the prints and cannot fund its golf programs for disadvantaged youth.

“Summary judgment in Inbounds’ favor is appropriate on both its tortious interference and injurious falsehood claims. The entire defense is based on the disingenuous assertion that Defendant did not know Inbounds was selling the prints. The evidence demonstrates otherwise. Without question, Defendant knew the prints being sold on ebay.com were from Inbounds. Further, Defendant failed to conduct any level of investigation as to the background of Inbounds’ prints before sending out its tortious e-mail. Defendant cannot claim blind ignorance when its own CEO (Marc Player) testified at his deposition that even now, he would act in a similar manner to terminate Inbounds’ sale of the prints.” 


From the deposition of Marc Player: On p.61, Marc Player admits his father's signature was legitimate. (Repeat Link 4A) Commentary by Inbounds: We believe this admitted fact validates our claims of tortious interference and injurious falsehood. 


From the Response Brief in Opposition to Defendant Gary Player Group, Inc.’s Motion for Summary Judgment:

“Defendant’s motions seeking summary judgment is an illusion of smoke and mirrors. Its entire brief is based on the disingenuous argument that defendant was unaware Inbounds was selling the prints because Inbounds used a consignment company to place the prints on ebay.com. This argument directly conflicts with the evidence in this case.

“Defendant’s “lack of knowledge” argument also conflicts with the testimony given by Marc Player, son of Gary Player and Defendant’s CEO, who even after admitting that Inbounds owns the prints, claims that Inbounds still does not have authority to sell them.”

“Defendant asserts it was unaware of Inbounds’ relationship with ebay.com because of two reasons. Defendant also claims that its knowledge should be rendered “null” because the ebay.com listing did not state that proceeds would go to a charitable organization. (Id.)Both of these arguments fail.

“First, Defendant cannot claim it was unaware that ebay.com was involved. Ms. Brown went onto ebay.com searching for Gary Player autographed memorabilia.

“Second, the evidence bars Defendant’s current argument that it was not aware of Inbounds’ involvement. The listing on ebay.com expressly stated that the Prints “were autographed and given as gifts to Inbounds, Inc. to show his (Gary Player’s) support.”

From Plaintiff Inbounds, Inc.'s COUNTER-STATEMENT OF DISPUTED FACTS, filed 2/7/12:

Defendant acted with Malice. Defendant conducted zero investigation before sending out the malicious e-mail. (Brown Dep. At 36-46; Player Dep. At 39-41.) At the very least, this is the very recklessness that c onstitutes malice under Goneya, supra.

Defendant's actual malice can be further explained by its conduct following its sending the e-mail. As discussed above, after learning that the Prints belonged to Inbounds, Defendant did not contact ebay.com to correct the false statement. Defendant did not contact IsoldIt to correct its false statement. Defendant did not contact Inbounds to correct the falst statement. Defendant refused time and time again to correct its false statement and to this very day still contends that Inbounds does not have a right to sell the Prints."

(Commentary from Inbounds: Whether or not the GPG acted purposely or inadvertently, their actions constituted obstruction of Inbounds' ability to sell its property. This mirrors baseball's obstruction rule and football's pass interference rule.)

Counter-Stmt of Disputed Facts #10 A & B


 

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.)

Tim Finchem photo


Don Presenting at Hollywood Golf


Sand Traps of Life Comparison



Jim and Don Presenting at PGA--pictures & video



Michigan Chronicle Article



Memo from Maxey Boys' School

This is an internal memo from my days as a teacher at Maxey Boys' School, detailing the core concepts of Inbounds' program. It shows my intention to bring golf to underprivileged youth.

Court Briefs pp. 12-20


What is Inbounds?


I, Donald L. Simons, worked as a special education teacher for over 40 years. Armed with a degree in physical education and a sincere desire to redirect at-risk youth towards character enhancement, I have seen firsthand the positive and indelible impact of my efforts. I am the proud founder and President of InBounds, Inc., which is a registered and trademarked program that addresses positive character development in youth.

 

In the summer of 1989, the PGA of America invited Inbounds, Inc. to present our designed presentation, “Sand Traps of Life.” The presentation was delivered to 60-70 youth participants in the PGA’s junior golf program with a clear message of the value of character development. Prior to and after the presentation, my associate  Jim Nicholson and I had the pleasure of meeting with two esteemed members of the PGA of America, Mr. Mike Peterson and Mr. Greg Shreaves. These representatives, along with other members of the PGA of America indicated to us a strong interest in our concepts and even discussed the development of a potential joint venture and/ or affiliation with InBounds, Inc. to initiate a program as such on a national level.

 

On November 3, 2006, while visiting the World Golf Hall of Fame in St. Augustine, Florida, I became aware that the PGA of America, and others, had taken my program principles, concepts, and methodology and developed a program, unbeknownst to me, within The First Tee. While there I met with the executive director of The First Tee program, Mr. Joe Louis Barrow, Jr., and discovered, in  The First Tee literature, that their program for youth included the character development methods I initially proposed, in good faith, to the PGA of America and others in the golf industry.

 

In addition, inherent in The First Tee Manual is the phrase, “Golf is more than a game.” On numerous occasions I used the phrase “Golf is more than a game” to the PGA executives, and others long before the advent of  The First Tee. Recognizing that this may be somewhat minor from a legal perspective, these words are nonetheless personal. Also, I suggested to the golf industry that a national development of my visionary concept would enhance the image of professional golf and provide an opportunity to those less accessible to the game.

 

InBounds, Inc. operated as a DBA in 1988 and incorporated in June 3, 1989. A great deal of effort and expenses went into the development of InBounds, Inc., including 501(c)3 status, trademarks, travel, apparel, etc.

 

We are looking for someone interested in investigating our perspective. We are confident upon full review of this story, including articles from the Detroit Free Press and Michigan Chronicle, you will find substantial evidence to support our suspicions that The First Tee may have evolved out of Inbounds, Inc.’s concepts and that we had an implied contract. Due to the possible statute of limitations and monetary considerations, we are not seeking legal redress, rather, that the story be told.

 Donald L. Simons, Founder/President

Jim Nicholson, Associate

InBounds, Inc.