Franklin Mint is out of the Woods business
By BETH HARRIS / AP Sports Writer
LOS ANGELES (AP) - The Franklin Mint was ordered Thursday to
stop selling a $37.50 silver medal of Tiger Woods that the golf
star's lawyers described as "low-end merchandise" unworthy
of Woods' association.
U.S. District Judge Kim Wardlaw issued a preliminary injunction
against Stewart and Lynda Resnick of Beverly Hills, their company,
Roll International, and its division, the Franklin Mint.
She said the injunction will remain in place until the case
goes to trial or is settled.
Woods, 21, sued the Pennsylvania company in June, claiming
he never authorized the medals. The mint sold 2,000-2,500 medals.
"Tiger has entered into very few endorsements with select
companies," Mark Lee, his attorney, said outside court.
One side of the medal has a close-up of Woods and a second
image of the golfer at the finish of his swing, with an inscription
around the edge touting him as the youngest Masters champion ever.
Franklin Mint attorney Arthur Seidel argued that the company
is a communications "medium" and the medal is the same
as a newspaper, thus it is protected by the First Amendment.
Wardlaw disagreed, saying, "I find the First Amendment
in this case to be very weak.
"The defendant's medal appears to be an attempt to capitalize
on the plaintiff's fame. There is little if any protected speech.
This is a commercial object," she said.
Seidel argued the injunction wasn't necessary because the company
already has stopped selling the medals.
"Nothing's been shipped. The advertisements have long
since ceased," he Seidel said. "The implication is they've
accused us of commercial thievery. The effect on our client will
be staggering."
Seidel said the medal was issued as a limited edition, with
orders taken from June 5-30.
The attorney said the injunction only tarnishes the mint's
reputation.
"We've stopped. There will be no more," he said.
But Lee told the judge the company shipped medals on June 17,
the day after Woods filed suit. He said the Franklin Mint still
has about 250 medals remaining.
"It does seem medals were continued to be shipped,"
Wardlaw said, pointing out that was in violation of a June 25
telephone call between the her and the attorneys in which the
mint agreed to stop selling the medals.
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