First there was the Big Bertha, then the Great Big Bertha, followed by the Biggest Big Bertha. Now there is the Litigious Big Bertha.
Callaway, the maker of the most popular golf club in history, has sued Spalding to prevent the oldest ballmaker from "creating consumer confusion regarding a new Spalding golf ball."That ball, the Top-Flite Ball/Club System C, is designed to "maximize performance when used with ... the Callaway Great Big Bertha" drivers, according to Spalding promotional material.
Callaway said at least 5 million golfers use a Big Bertha diver and it accused Spalding of "attempting to confuse those golfers, and others, into believing that Callaway Golf supports the use of the new ball with its drivers."
Spalding revealed plans for the ball and the Top-Flite Ball/Club System T designed for use with the Taylor Made Ti Bubble 2 drivers last month at the PGA Merchandise Show in Orlando, Fla.
The lawsuit announced Monday by Callaway Golf Co. against Spalding Sports Worldwide, Inc., was filed in U.S. District Court in Santa Ana, Calif., and asks for a court order stopping Spalding from using Callaway trademarks and images on its packaging.
"They don't plan to ship until March," said Steven McCracken, Callaway's chief legal officer. "Everyone is moving as quickly as possible to get this before the court before the shipments."
While the golf balls won't hit stores until March 15, packaging shown at the Merchandise Show displayed the Callaway and Taylor Made names along with images of the Great Big Bertha and Ti Bubble 2 drivers.
"We find if hard to believe that this is anything more than a marketing ploy that provides no real or unique technological benefits to golfers using Ti Bubble 2 Metalwoods," Taylor Made president George Montgomery said Monday, adding the company is not ruling out legal action.
Callaway is doing just that.
"If Spalding wants to promote a new product, it should do so using its own name and reputation, not ours," said company founder Ely Callaway.
"We have nothing to do with this ball, and have not even been given an opportunity to test one," Callaway said. "We don't know if their claims are true or not. We want nothing to do with what might be a marketing gimmick."
Spalding, which has been in the golf ball business for more than 100 years and has developed many innovations, said it would "vigorously defend its packaging," which it said contains a prominent disclaimer on the front of its box saying Callaway has nothing to do with the ball.
"We reviewed this packaging with our legal staff prior to launching the product," John Hoagland, managing director of Top-Flite Golf Ball and Etonic Golf, said Monday. "They gave us clearance and we are confident the court will agree."
Callaway spokesman Larry Dorman calls the disclaimer "inconspicuous, ambiguous and inadequate."
The Callaway-Spalding dispute takes on added importance because Callaway plans to introduce its own ball for the first time next year.
The Callaway suit asks that Spalding be stopped from using the Callaway trademark on its packaging, that it destroy existing packaging, that it account for all profits from the sale of the System C ball and that any damages awarded to Callaway be tripled because of Spalding's "intentional and willful conduct."