Golf News: - Posted 22nd July 1998

Callaway suit against Spalding will go ahead

Carlsbad, California, - Callaway Golf Co said Tuesday a California federal court has allowed its golf ball trademark and false advertising suit against Spalding Worldwide to go ahead.

In a statement, Callaway said the Federal District Court in Santa Ana, California denied a motion by Spalding, a unit of Evenflo & Spalding Holdings Co., to dismiss the suit.

The suit alleges Spalding violated federal and state trademark and carried out false advertising laws in connection with the sale of the so called "System C" golf balls.

In the suit, Callaway alleges Spalding's packaging and advertising of the ball contained an unauthorised image of a Callaway Great Big Bertha Driver. The suit alleges that the packaging could mislead consumers into thinking the balls were endorsed by Callaway.

Spalding has said it included a disclaimer on the packaging saying Callaway did not take part in the design, production or sale of the balls.

Callaway said the court's ruling allows it to go forward with all of its claims against Spalding, and to seek access to Spalding's records.

Spalding officials were not immediately available for comment.