Titleist's Acushnet countersues Costco for patent infringement over Kirkland ball
Kirland golf ball war continues as Acushnet fires back against retail giant.
Titleist's parent company Acushnet has fired back with its own countersuit against retail giant Costco, according to a report on golf-patents.com.
The news comes five months after Costco filed a lawsuit against Acushnet, maker of Titleist balls, seeking a judgment that its popular Kirkland-brand balls did not violate Titleist patents.
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The dispute first began in December 2016 when Acushnet reportedly sent a letter to Costco accusing them of patent infringement and false advertising, of which Costco then responded with a lawsuit.
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Set over a mammoth 284 pages, Titleist now allegesCostco's Kirkland golf ball infringes upon 10 of its patents related to ball core and dimples.
Acushnet is not seeking a specific amount but requests "adequate damages," including three times the profits Costco made on its Kirkland-branded ball.
It is also suing Costco for false advertising of the Kirkland brand, in particular the "Kirkland Signature Guarantee" that promises to "meet or exceed the quality standards of leading national brands."
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"The Titleist Pro V1 and Pro V1x golf balls have all of these characteristics and are demonstrably superior to the Kirkland Signature Golf Ball, despite Costco's claim that its ball ‘meet[s] or exceed[s] the quality standards of the leading national brands," reads the Acushnet complaint.
"Acushnet Company has performed testing that conclusively shows that Titleist Pro V1 and Pro V1x golf balls are superior to the Kirkland Signature Golf Ball in performance and durability, and thus that Costco's Kirkland Signature Guarantee is false with respect to its golf ball products."
Acushnet is requesting a jury trial.
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