COSTCO is facing a lawsuit from golf company TaylorMade over an alleged patent infringement and golfers are not surprised.
The lawsuit was filed last week in California against the wholesale retailer and the California Design Company.
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According to the filing, the defendants have committed patent infringements and false advertising with their 7-piece Kirkland Signature player’s irons.
The set is being sold by Costco for $499.99 and is currently sold out on the retailer’s website, while TaylorMade’s P790 irons sell for $1,400.
TaylorMade claims in the lawsuit that Costco and its design company have violated five patents related to the design of its P790 irons and that it falsely advertises certain features of the irons.
Costco’s irons “copy many features and technologies from Taylor Made’s P790 irons and the asserted patents,” the complaint claims.
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“Costco’s website notes that the accused products are ‘are built for distance and forgiveness with a stainless steel body, injected urethane insert, and an internal tungsten weight for optimal launch,
forgiveness, and playability.'”
It further alleges that a member of the design team for the Kirkland Signature clubs was “an engineer who formerly worked at Taylor Made headquarters…during the development of the P790.”
It adds that the retailer details that their clubs are “built for distance and forgiveness with an injected urethane insert.”
“The accused products, however, do not contain an “injected urethane insert,” TaylorMade alleges.
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“The statement by Defendants that the accused products contain an
‘injected urethane insert’ is literally false, or in the alternative, is misleading and, on information and belief, has actually deceived or has a tendency to deceive consumers in a way that influences purchasing decisions.”
Golfers are not surprised by the news of the filing with golfing news outlet MyGolfSpy stating on X, formerly Twitter, “It was bound to happen.”
The outlet later claimed that the Kirkland Signatures had been pulled from sale by Costco, but this is being argued by other X users who say they are just out of stock due to their popularity.
“They didn’t even change the font of the numbers on the clubs,” one golfer said of the alleged patent infringements.
Another believed that TaylorMade and Costco had been working together on the production of more affordable clubs.
“Was always under the impression that the 2 companies (in this case: TM and Costco) worked together to use the golf manufacturers’ equipment and just rebrand it with the Costco name/label,” they said in the comments.
Not only are we protecting our intellectual property, but we are also seeking to protect golfers who may be duped and misled.
TaylorMade spokesperson
Meanwhile, others failed to see the issue.
“To me, this is an endorsement from TM to Costco,” one wrote.
“TM to Costco: what are you doing making golf clubs that are affordable? How dare you!” another added.
However fellow golfers came to TaylorMade’s defense saying, “Rip off with inferior materials and manufacturing? Dunno.”
Another asked: “Did you read the false advertising claims?”
One user claimed that in the industry it “looks like turnabout is fair play” as they mentioned a former lawsuit filed against TaylorMade by PXG in 2017.
The lawsuit claimed that TaylorMade infringed PXG’s iron designs for their P790 clubs.
TaylorMade countersued and the issue was settled out of court two years later with a mutual agreement to “specified rights to make club products under patent cross-licenses,” according to Golf Digest.
In this latest lawsuit, TaylorMade has requested a jury trial.
A TaylorMade spokesperson issued the following statement to The U.S. Sun:
“At TaylorMade, we are proud of our many innovations and technological advances that have shaped the industry.
“From the first metalwood in 1979, to movable weight technology (MWT) in 2004, Flight Control Technology in 2009 (FCT) and filled irons like our category-leading P790 irons, launched in 2017.
“Our P790 irons not only revolutionized the filled-iron category, but also invented a new category in Player’s Distance Irons.
“They quickly became iconic in the marketplace due to their superior technology and performance for all golfers, as well as their overall sales success.
“So, when another company seeks to imitate our products, we take it very seriously and take immediate action.
“Not only are we protecting our intellectual property, but we are also seeking to protect golfers who may be duped and misled into thinking cheaper imitations will perform at the same level as the original.
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“Our P790 irons have been synonymous with distance and forgiveness for golfers of all levels and this is why we decided to file suit against an inferior imitation under the name Kirkland Signature Player’s Irons from Costco and Indi Golf.”
The U.S. Sun has reached out to Costco for comment.
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