TaylorMade Takes Costco To Court Alleging Five Patent Infringements And False Advertising

TaylorMade Golf is taking Costco to court after alleging the wholesaler's new Kirkland Signature irons infringe on some of its patents for the popular P790 irons.

There are five patents in total that TaylorMade says have been infringed, while the golf equipment manufacturer is also suing Costco for "false and misleading statements in violation".

Costco's Kirkland Signature range has achieved somewhat of a cult status within the golf world, with the new irons priced at $499 and selling out almost immediately. They followed the Kirkland Signature balls, wedges and putters, with a competitively priced driver also recently launched.

TaylorMade's successful P790 iron franchise is now in its third generation, featuring a hollow body design with injected urethane insert called 'Speed Foam'. It is regarded as one of the best golf irons on the market due to the wide range of players it caters for. Costco's Kirkland Signature irons are advertised as having a similar make-up with the hollow body and injected insert.

"The Kirkland Signature Players Distance Irons 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," the company's website says.

“The accused products copy many features and technologies from TaylorMade’s P790 irons and the asserted patents,” TaylorMade's complaint stated in the Southern District Court of California against Costco and the Kirkland Signature irons designer Southern California Design Company.

“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.’”

"On information and belief, the design of the accused products directly copies the patented features of the P790 irons, including features covered by the asserted patents," it continued. "On information and belief, the design team for the accused products included an engineer who formerly worked at TaylorMade headquarters alongside TaylorMade engineers during the development of the P790.

"The accused products incorporate, without permission or license from TaylorMade, the inventions claimed in the asserted patents. TaylorMade respectfully seeks relief from this Court for Defendants’ infringement."

TaylorMade also claims the wholesaler falsely advertised that the irons even contain the urethane insert, calling it "literally false" and "misleading".

“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,” the complaint states.

“Defendants’ false statements are material to purchasing decisions because they falsely or misleadingly suggest that the accused products have features found on premium clubs such as the Taylor Made P790. Defendants’ false advertising has misled golf journalists and customers to believe the accused products are similar to or equivalent to the TaylorMade P790.”

TaylorMade Golf gave this statement to Golf Monthly:

"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.

 "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."

 - TaylorMade Golf spokesperson

Golf Monthly has contacted Costco for comment.