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 famous golfers whose golf ball choice falls on TaylorMade. The term ‘mud balls’ was used by golf equipment maker Callaway in a commercial to describe a TaylorMade ball – a commercial that has now escalated into a lawsuit by the affected competitor. ‘Mud balls’ refer to golf balls covered in mud after a shot from wet, soft ground or rough, which greatly impairs aerodynamics and often causes unpredictable flight paths and curves.
TaylorMade files lawsuit against Callaway
TaylorMade is suing its competitor Callaway over allegedly false claims about the composition of golf balls in a commercial. Callaway claims that TaylorMade balls are inferior to their own. According to the complaint, it is claimed among other things that the construction of TaylorMade balls negatively affects flight trajectory similarly to troublesome mud balls. ‘Callaway, its agents and representatives conducted misleading UV light demonstrations denigrating the TaylorMade golf balls, including calling them ‘mud balls’ and falsely claiming that TaylorMade balls have uneven coating or paint and deficient quality control leading to poor performance,’ states TaylorMade’s lawsuit. The suit was filed on Thursday at the U.S. District Court for the Southern District of California, San Diego Division, against Callaway.
Allegation of misleading UV demonstration
The lawsuit refers to a Callaway commercial in which, according to TaylorMade, a salesperson advises a potential customer and suggests testing golf balls ‘with UV light to determine the type of coating and its impact on overall performance.’ The complaint continues: ‘He then irradiates the TaylorMade TP5 golf ball with UV light, which impresses his subordinate who notices a darker spot on the ball.’ Callaway further implies in the ad that this indicates an inferior golf ball, saying: ‘Wow. Interesting, because to me it looks like there’s a huge clump of mud… right over the TaylorMade logo.’
TaylorMade emphasizes in the complaint that the term ‘mud ball’ is one of the most derogatory terms for a golf ball. TaylorMade claims Callaway is continuing this disinformation campaign and that there have been many further instances of Callaway continuing this campaign, although no other examples besides the video are cited in the lawsuit. TaylorMade is seeking a jury injunction to cease the allegedly ongoing defamation through the commercial and demands yet-to-be-determined damages.
Comparative advertising in the USA
In the United States, comparative advertising is widespread and allowed. Such advertising requires claims to be true, subst