Callaway called TaylorMade balls ‘mud balls’ in an ad, leading to a lawsuit demanding cessation and damages.
Five-time major winner Rory McIlroy and world number one Scottie Scheffler are among the most famous golfers worldwide who use TaylorMade balls. The term ‘mud ball’ was used by competitor Callaway in an advertisement directed at TaylorMade’s golf balls, escalating now into a lawsuit from the affected competitor. ‘Mud balls’ refers to golf balls covered in mud after being hit from wet, soft ground or rough, significantly impairing aerodynamics and often causing erratic flight paths.
TaylorMade files lawsuit against Callaway
TaylorMade has filed a lawsuit against its competitor Callaway for allegedly false claims about the composition of golf balls in a commercial. Callaway claimed that TaylorMade balls are inferior to its own. According to the lawsuit, Callaway asserted that the construction of TaylorMade balls negatively affects flight performance like annoying ‘mud balls.’ The suit states, ‘Callaway, its agents and representatives conducted misleading UV light demonstrations that disparage TaylorMade golf balls, including calling them ‘mud balls’ and falsely claiming uneven paint/coating and poor quality control leading to poor performance.’ The lawsuit was filed Thursday in the U.S. District Court for the Southern District of California, San Diego division, against Callaway.
Allegation of misleading UV demonstration
The lawsuit concerns a Callaway ad in which a salesperson advises a potential customer to test golf balls ‘with UV light to check paint type and its impact on overall performance.’ The suit says, ‘He then shines UV light on a TaylorMade TP5 ball, causing his subordinate to notice a darker spot with admiration.’ Callaway’s ad, according to the lawsuit, goes further: ‘The Callaway salesperson implies this indicates an inferior ball, saying, ‘Wow. Interesting, as it looks like a huge clump of mud… right over the TaylorMade logo.’’
The lawsuit emphasizes that ‘mud ball’ is one of the most derogatory golf ball terms. TaylorMade claims Callaway continues this disinformation campaign with many additional instances beyond the video, although no specific examples are provided. TaylorMade seeks an injunction against ongoing defamation and damages to be determined by a jury.
Comparative advertising in the USA
In the USA, comparative advertising is common and permitted, provided claims are truthful, verifiable, and not misleading. Direct competitor attacks, including naming brands and comparing features, are common marketing tactics to draw attention. Compared to other regions such as the EU, this form of advertising is more aggressive and direct. However, defamatory or false claims remain prohibited even in the US.