Callaway called TaylorMade balls “mud balls” in a commercial, prompting TaylorMade to seek an injunction and damages.
Five-time major winner Rory McIlroy and world number one Scottie Scheffler are among the most renowned golfers worldwide who choose TaylorMade balls. The term “mud ball” was used by golf equipment maker Callaway in an ad targeting a TaylorMade ball, escalating now into a lawsuit by the affected competitor. ‘Mud balls’ refer to golf balls covered with mud after hitting soft, wet ground or rough, which greatly affects aerodynamics and often causes unpredictable ball flight paths.
TaylorMade files lawsuit against Callaway
TaylorMade is suing its competitor Callaway over allegedly false claims about the construction of golf balls made in a commercial. Callaway claims TaylorMade balls are inferior to their own. According to the complaint, it is alleged that the design of TaylorMade balls negatively affects flight in the same way as annoying mud balls do. “Callaway, its agents, and representatives conducted misleading UV light demonstrations that disparaged TaylorMade balls, calling them ‘mud balls’ and falsely claiming the balls have uneven coatings and poor quality control that lead to poor performance,” states the lawsuit. It was filed Thursday in the U.S. District Court for the Southern District of California, division San Diego, against Callaway.
Allegations of misleading UV demonstration
The suit refers to a Callaway commercial where a seller advises a potential customer to test the golf balls “using UV light to examine the type of coating and its effect on overall performance.” The complaint further states: “He then shines UV light on a TaylorMade TP5 ball, prompting admiration from his subordinate, who notices a darker spot on the ball.” According to the suit, Callaway’s seller suggests this indicates an inferior golf ball, saying: ‘Wow. Interesting, because it looks like there’s a huge clump of mud … right over the TaylorMade logo.’
TaylorMade emphasizes in the lawsuit that the term “mud ball” is one of the most derogatory labels for a golf ball. TaylorMade claims Callaway is continuing the disinformation campaign “at present” and that there have been “many other instances of Callaway continuing this campaign.” However, apart from the video, no specific examples are provided in the lawsuit. TaylorMade is now asking a jury to prohibit the allegedly ongoing defamation by the commercial and is seeking to claim damages to be determined later.
Comparative advertising in the USA
In the United States, comparative advertising is common and allowed. Such ads require claims to be truthful, verifiable, and not misleading. Direct attacks on competitors, including naming brand names or comparing specific features, are