Tour 18 is a golf course that replicates distinctive holes


Question: Tour 18 is a golf course that replicates distinctive holes from some of the world's most famous golf courses. The course offers replicas from 16 different golf courses including Pinehurst, Pebble Beach, and Sea Pines' Harbour Town course. Tour 18's promotional material, tee markers, course signs, and dining room menus all make reference to the more wellknown courses. For example, Tour 18 refers to the replica of Harbour Town's famous 18th hole as the "Lighthouse Hole," which is also what golfers call Harbour Town's hole.

In addition, Tour 18's dining room offers "Pebble Beach" French toast and "Pinehurst" tuna salad. Tour 18 does use a disclaimer that notes that none of the replicas are sponsored or endorsed by the more famous golf courses. Nevertheless, Pebble Beach, along with several other courses, objects to the copying of its hole designs and the use of its registered service marks. It sues for trademark and trade dress infringement as well as trademark dilution. What result?

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