Callaway calls TaylorMade balls ‘mud balls’ in an ad, prompting TaylorMade to demand cessation and damages.
Five-time major winner Rory McIlroy and world number one Scottie Scheffler are among the most famous golfers who use TaylorMade balls. Callaway used the term ‘mud ball’ in a commercial referring to TaylorMade balls, which has now escalated to a lawsuit filed by TaylorMade. The term ‘mud ball’ describes a golf ball covered in mud after a shot from wet, soft ground or rough, which significantly impairs aerodynamics and often results in 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 claimed TaylorMade balls are inferior to their own, stating that the design negatively affects flight much like troublesome mud balls. The lawsuit states, “Callaway, its agents, and representatives conducted misleading UV light demonstrations to disparage TaylorMade balls, including calling them ‘mud balls’ and falsely claiming these balls have uneven coating and faulty 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.
Allegations of Misleading UV Demonstration
The lawsuit refers to a Callaway commercial where a salesperson suggests testing golf balls with UV light to assess coating quality and its effect on performance. It states, “The salesperson then shines UV light on the TaylorMade TP5 ball, prompting admiration from an associate who notices a darker spot on the ball.” Callaway’s salesperson implies this indicates an inferior ball, saying, “Wow. Interesting, it looks like there’s a huge clump of mud right over the TaylorMade logo.”
TaylorMade emphasizes that ‘mud ball’ is among the most derogatory terms for a golf ball. They allege Callaway continues the misinformation campaign with several other instances, though no specifics beyond the video are mentioned. TaylorMade now seeks an injunction to stop the alleged ongoing defamation and demands unspecified damages.
Comparative Advertising in the USA
Comparative advertising is permitted and common in the United States, requiring claims to be truthful, substantiated, and not misleading. Direct attacks naming competitors or comparing specific features are typical marketing tactics to gain attention. Compared to other countries like those in the EU, U.S. advertising is more aggressive and direct, often naming other brands. However, defamatory or false statements remain prohibited even in the U.S.