• Nickent To Pull Misleading Golf Ads
  • July 1, 2008
  • Law Firm: Manatt, Phelps & Phillips, LLP - Los Angeles Office
  • Nickent Golf has agreed to pull ads implying that it makes the No. 1 driver on the PGA Tour, under an agreement with rival TaylorMade.

    The agreement was reached after TaylorMade sued Nickent over claims made by Nickent in print and television advertising and on its Web site. According to a statement by TaylorMade, at its request the court permanently enjoined Nickent from “advertising in any medium a claim which Nickent does not have a reasonable and factually supportable basis to believe to be true at the time the claim is published, at the time the claim is submitted for publication and for the time the medium is expected to be ‘in circulation’ or publication.”

    TaylorMade sued Nickent in California state court in March over claims in Nickent ads and on its Web site concerning the purported success of Nickent drivers on tour. The ads stated in large type:

        #1 Driver Model

        Nationwide Tour

    Underneath, in smaller type, appeared:

        The 4DX T-Spec driver finished as the #1 driver model
        at the Moonah Classic, February 21, 2008, according to the
        Darrell Survey.

    In a statement released at the time it filed the lawsuit, TaylorMade said that Nickent’s ads appear “designed to lead consumers to believe that its 4DX driver is the No. 1 driver model on the PGA Tour and Nationwide Tour. The reality is that—by a tremendous margin—more professionals on the PGA Tour in 2008 have used TaylorMade drivers than drivers made by any other manufacturer, including Nickent (655 instances of use for TaylorMade drivers, compared to just 18 for Nickent drivers).”

    The stipulated judgment requires Nickent to comply with specific criteria in the injunction before making similar claims in the future.