Legal Thrillers
Sometimes, the legal antics rival the
drama found at
Augusta National on Sunday. In the late ’90s Orlimar,
the upstart behind the
successful TriMetal line of woods, began
tweaking the industry giants,
especially Callaway, in print ads, by
stating that “oversize is overrated” and
“titanium is obsolete.”
Callaway responded by suing Orlimar for infringing on
its iron patents,
as well as for false advertising. TaylorMade piled on,
claiming that
the airtight packaging that Orlimar used for its balls violated
TaylorMade’s patents.
All the parties settled, but the litigation cost
Orlimar money and
momentum. The company filed for bankruptcy in 2003.
In 2006
Callaway sued Acushnet, arguing that the ball giant had infringed on
four
patents acquired by Callaway in its purchase of Top-Flite. Its
lawyers lobbied
the judge to call Callaway spokesman Phil Mickelson as
a rebuttal witness,
reasoning that he had information regarding the
development and
commercialization of the Pro V1 in 2000, when Mickelson
was a Titleist endorser.
(Mickelson signed with Callaway in 2004.) The
lawyers claimed Mickelson would
rebut testimony by Titleist’s director
of sales and marketing Gerald Bellis, who
said that he didn’t know
details about Mickelson’s threat to terminate his
Titleist contract
unless it developed a ball to compete with Callaway’s Rule 35.
After
Callaway won a partial victory in December, Acushnet requested post-trial
relief, asking for either a new trial or that the verdict be thrown
out.
In
the aforementioned Bridgestone v. Acushnet (the industry leader
makes an
inviting target), the plaintiff contended that it had
pioneered some of the
characteristics of the new three-piece balls.
Acushnet countered that
Bridgestone was giving itself too much credit,
asserting instead that the
popularity of three-piece balls didn’t
really grow until Tiger Woods began
playing Nike’s ball.
Bridgestone’s attorneys then disclosed that it was
their
company that actually produced Nike’s balls.(Bridgestone continues to
manufacture balls for Nike in its factory, using Nike’s patents and
designs.)
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