TaylorMade-adidas Golf Company and Nickent Golf reached a settlement concerning claims made by Nickent in print and television advertising and on its website.
Through the terms of the judgment, Nickent is permanently barred from, among other things, advertising in any medium a claim which Nickent does not have a 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 filed the lawsuit against Nickent in response to claims made in Nickent's recent print and television advertising and on its website concerning the alleged success of Nickent drivers on tour. As a result of the stipulated judgment, Nickent will need to comply with specific criteria in the injunction before making similar claims in the future.
“We are pleased that we were able to obtain a permanent injunction that will prevent Nickent from attempting to transfer an isolated driver count figure into a broad “#1″ claim, as Nickent had done in the past,” said Bob Maggiore, TMaG's vice president of marketing. “TaylorMade has been the No. 1 driver on the PGA Tour and Nationwide Tour since 2001. So, when others attempt to mislead the public we need to stand up.”
