A golf course in Florida has been forced to change its name after the managers of St Andrews’ Old Course threatened to sue over trademark infringement.
Golf has been played at the 18-hole course known as St Andrews Links, in Dunedin, since 1960.
But last year the City of Dunedin and course management Billy Casper Golf received a demand of $75,000 from St Andrews Links Trust with the threat of legal action.
A cashless settlement was reached, with the agreement the golf course change its name and stop using all St Andrews Links marks, including images of the Swilcan Bridge.
The municipal course has been given until April to cease using its current name and transfer website domain name www.saintandrewslinks.com to the trust.
St Andrews Links is regarded as the home of golf, the game having been played there for over 600 years, and St Andrews Links Trust, set up in 1974, runs its seven courses.
Its most famous course, the Old Course, is a favourite among some of the world’s best golfers, including Jack Nicklaus and Tiger Woods.
A challenging course, it has hosted the Open Championship 28 times, more than any other venue and is considered a Mecca for lovers of the game, with people travelling from all the world to play it.BeginnersThe palm-tree-flanked Pinellas County course soon to be known as Dunedin Stirling Links Golf Course is made up of par-three holes and is popular with beginners.
Dunedin, the twin town of Stirling, is proud of its connections with Scotland, having been founded by Scottish settlers.
Its name comes from the Gaelic for Edinburgh.
The agreement between lawyers for Dunedin City and Washington-based Nixon Peabody, acting for St Andrews Links, stressed that St Andrews Links had used its name and depictions of the Swilcan Bridge in connection with golf-related goods and services throughout the world, including the US.
A significant sum had been spent marketing these goods, establishing “valuable consumer recognition, goodwill and fame”, it said.
The agreement states use by the City of Dunedin or Billy Casper Golf of St Andrews Links marks or any confusingly similar variation of them would “constitute trademark infringement and unfair competition.”
While the name remains on the Dunedin golf course’s website, a note states that, “Saint Andrews Links (FL) is not in any way affiliated with Saint Andrews Links of Scotland.”
St Andrews Links Trust chief executive Euan Loudon said, “St Andrews Links is recognised around the world as the Home of Golf.
“It is a national asset for Scotland, and St Andrews Links has a duty to protect the St Andrews name and the reputation of its world renowned golf courses.Identity”The Swilcan Bridge is also an important part of this identity and we cannot allow it to be exploited.
“We appreciate that the City of Dunedin may have had innocent intentions and that is why we have reached an amicable agreement with them to resolve the matter.”
Dunedin mayor Dave Eggers told The Courier, “I believe the name on the course has been there for over 50 years, and to my knowledge has never had any issues with the not-to-be-confused-with Saint Andrews course in Scotland.”
He added, “This naming is really about creating a tie to Scotland and our own heritage here.”
“In any event we were very surprised when they approached us on this ‘infringement’ and candidly approached the contact initially like a simple misunderstanding.
“When we realized they were serious we contacted a special attorney to see of our exposure.
“Though he felt quite good with our case we nonetheless would have at least had to cover our attorney’s fees if not more.”