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SPALDING! JUDGE RULES AGAINST CALLAWAY IN BALL DISPUTE
Published March 3, 1998
U.S. District Judge Alicemarie Stotler ruled yesterday
against Callaway Golf Co., saying that "there was no
consumer confusion created" by Spalding's ad campaign for
its new Top-Flite balls, according to Ron Sirak of the AP.
Callaway filed suit asking for a court order "stopping
Spalding from using Callaway's trademarks and images on its
packaging." Spalding's promo material claims that its Top-
Flite Ball/Club System C ball is designed for "maximum
performance when used with" Callaway's Great Big Bertha
drivers. John Hoagland, Managing Dir of Spalding's Golf
Ball Division, said Judge Stotler "complimented Spalding on
innovative marketing." Spalding plans to ship the balls
next week. Sirak writes that Callaway "is not out of legal
options" and is likely to "continue with its effort to stop"
the Top-Flite ball. Callaway VP/Advertising & PR Larry
Dorman: "The court has left the door open for us to come
back with evidence of consumer confusion or evidence that
the product does not do what it says" (AP/DET. NEWS, 3/3).
For news on Callaway Golf's earnings report, see (#20).




