Titleist and Costco still aren't getting along.
Five months after Costco filed a lawsuit against Acushnet Holdings Corp., maker of Titleist balls, seeking a judgment that its popular Kirkland-brand balls did not violate Titleist patents, Acushnet has fired back with its own countersuit against the retail giant, according to a report on golf-patents.com.
Over 284 pages, Titleist alleges that the Costco ball infringes upon 10 of its patents related to ball core and dimples. Acushnet is not seeking a specific dollar amount but requests "adequate damages," including three times the profits Costco made on its Kirkland-branded ball.
It also is suing Costco for false advertising of its Kirkland brand, specifically the "Kirkland Signature Guarantee" that promises to "meet or exceed the quality standards of leading national brands."
In the complaint, Acushnet says: "The Titleist Pro V1 and Pro V1x golf balls have all of these characteristics and are demonstrably superior to the Kirkland Signature Golf Ball, despite Costco's claim that its ball ‘meet[s] or exceed[s] the quality standards of the leading national brands.’ … Acushnet Company has performed testing that conclusively shows that Titleist Pro V1 and Pro V1x golf balls are superior to the Kirkland Signature Golf Ball in performance and durability, and thus that Costco's Kirkland Signature Guarantee is false with respect to its golf ball products."
Acushnet is requesting a jury trial.
The dispute began in December, when Acushnet reportedly sent a letter to Costco accusing the retailer of patent infringement and false advertising. Costco responded with a lawsuit, leading to this latest countersuit.