TaylorMade is suing Costco over its Kirkland irons, which the company says constitute false advertising and copyright infringement.
According to Golf.comTaylorMade alleges that the iron’s “design infringes on several patents related to the company’s popular P790 iron, which features a similar hollow cavity design.”
The Kirkland irons sold out shortly after they were posted on Costco’s website, with an affordable price of $499, attracting shoppers who were looking for quality irons without breaking the bank.
The complaint states: “The accused products copy numerous features and technologies of TaylorMade’s P790 irons and asserted patents. Costco’s website states that the accused products are “designed for distance and forgiveness with a stainless steel body, injected urethane insert, and internal tungsten weighting for optimal launch, forgiveness, and playability.”
“Defendants’ statement that the Defendant Products contain an ‘injected urethane insert’ is literally false or, in the alternative, is misleading and, based on information and belief, has in fact deceived or tended to deceive consumers in a way that influences their purchases. decisions,” the complaint states. “Defendants’ false statements are material to purchasing decisions because they falsely or misleadingly suggest that Defendant’s products possess features found on high-end clubs such as the Taylor Made P790. Defendants’ false advertising misled golf journalists and customers into believing that the Defendant Products are similar or equivalent to the TaylorMade P790.
The complaint was filed in the Southern District of California and a jury trial was requested.
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