TaylorMade in Legal Battle with Costco Over Golf Club Patents
TaylorMade, a well-known golf brand, is taking legal action against Costco, accusing the big box retailer of infringing on several patents related to a specific set of irons. For those unfamiliar with golf, Costco has been selling golf equipment under its Kirkland Signature brand for years. The affordability of their Kirkland Signature golf balls, wedges, putters, and gloves has gained a loyal following among consumers compared to more expensive options from major golf manufacturers.
In December, Costco introduced the Kirkland Signature Player irons, priced at $499, which quickly sold out online. Some observers noted the similarities between these new clubs and TaylorMade’s popular P790 irons, which retail for at least $1,200. TaylorMade filed a complaint in the Southern District Court of California, alleging that both Costco and the Kirkland iron’s designer, Southern California Design Company, violated five patents related to the P790 design. TaylorMade claims to have revolutionized the filled-iron category with the P790 in 2017.
The dispute centers around the filling of the irons. TaylorMade uses a polymer called SpeedFoam to fill the cavity of the P790 irons, while Costco advertises the Kirkland irons as having an injected urethane insert. TaylorMade’s complaint argues that Costco falsely advertised the inclusion of the injected urethane insert, which is not actually present in the cavity.
The complaint includes 11 exhibits, which allege that Costco’s irons infringe on design patents related to the P790, specifically the cavity design, face construction, and aperture into the enclosed cavity. Essentially, TaylorMade is accusing Costco of copying their irons entirely.
TaylorMade is seeking compensatory damages, including opportunity costs and enhanced damages, the amount of which will be determined at trial.
[Author’s note: Mark is a journalist covering sports, with a keen interest in golf. He holds a journalism and online media degree from the University of Tennessee. When he’s not working, he can often be found on the golf course.]
