I Think Callaway Is Pretty Serious

[TinCupTampa]

I couldnt sleep last night so while I was watching Rd 2 of the European Tour I decided to get on espn.com and check out some headlines...

Take a look at the banner at the top of espn's homepage:

Here is the article it links to: http://www.callawaygolf.com/Global/en-US/Articles/GolfBallCourtInjunction.html?/gcid=omd00145

I guess it is safe to say they are taking full advantage of this little nugget to try to capture more market share. For what it's worth... Callaway balls have always been my first choice.

 

[TheNewBrad]

.... I decided to get on espn.com and check out some headlines...

Take a look at the banner at the top of espn's homepage:

....
Here is the article it links to: http://www.callawaygolf.com/Global/en-US/Articles/GolfBallCourtInjunction.html?/gcid=omd00145

I guess it is safe to say they are taking full advantage of this little nugget to try to capture more market share. For what it's worth... Callaway balls have always been my first choice.

Interesting find TCT. Well done.

 

[JB]

They were all over ESPN this morning when I looked.

 

[TheGasman]

They put a lot of adds on the MLB websites too. Im sure it attracts a lot of casual golfers.

 

[Harry Longshanks]

From the Callaway page linked by TCT:

In an earlier concession in the case, Acushnet admitted that it infringed our patents.

Hmmm, I would like to know exactly what Acushnet "admitted." Companies don't usually admit things in lawsuits and I wonder if that is Callaway playing fast-and-loose with the facts?

Acushnet recently announced that it has converted its production facilities to make an interim version of its existing Pro V1 golf balls that, Acushnet asserts, do not infringe the Callaway Golf patent in issue in the current lawsuit. Callaway Golf is examining those interim golf balls to determine if they violate any Callaway Golf patents. Acushnet has also announced it will appeal the trial court’s rulings.

Titleist's press release didn't characterize the new ProV1 as an "interim" ball. Again, I wonder if that is Callaway's spin on the facts (no pun intended.)


Callaway should be careful or they could face a backlash from consumers who see the statements/actions as overly agressive and rude. Too much slamming of the competition can make you look like an a-hole. Better to take the high road in my opinion.

EDIT: Okay, I re-read the Titleist statement and I do think that the current ProV1 ball can be accurately described as "interim". Interesting. I wonder how they differ. Micro-minimally is my guess.

Here is the Titleist statement:
http://www.titleist.com/news/newsdetail.asp?id=666&category=media_center

 

[JB]

They tried that with the "players can continue to play the ProV1" and it got them no where. In fact many "other" golf sites continue to blow smoke about the case and consumers are more confused than ever.

I spoke to one guy today that was so lost, he was buying the Callaways because he thought they were ProV's. But he also thought the ProVs were the new version.

 

[julie_m]

My patent lawyer boy got a good laugh at this one. He says Titleist should've settled, then they could have put in the contract that Callaway couldn't say those things/make that comparison. But Callaway doesn't even have to pay Titleist to use the ball in the ad now, since it's for comparison, that, and their claim is all true.

Legally, they could go there, and they sure did!

 

[TheNewBrad]

Aside from the marketing waffle, the Titleist Litigation Fact Sheet contains some strong statements about performance of the 'new' ProV1 & ProV1x. For example:

Is there a performance difference between the existing Pro V1 golf balls and the converted production models?
No. While a number of changes in the manufacturing process were required to address the patent issues, performance and quality are indistinguishable from the current products and the converted products have been Tour validated.

Will New 2009 Pro V1 and golf balls perform differently or be marked differently?
As Titleist has always done throughout its 75 year history, we introduce new and improved golf balls when we have a better performing product. We introduced new Pro V1 products in 2003, 2005, 2007 and will introduce new products in 2009. The New 2009 Pro V1 models will perform differently from and better than the current Pro V1 models. ... ​

An interesting contradiction though. Performance is 'indistinguishable' for the old model but the new model will perform 'differently'.

 

[TinCupTampa]

An interesting contradiction though. Performance is 'indistinguishable' for the old model but the new model will perform 'differently'.

Yeah... Like get you disqualified from Q School.

 

[JB]

I took a stroll through about 15 golf websites last night, and it is amazing the different spin that is put on this case by some of them. I was shocked actually.

 

[ClairefromClare]

I took a stroll through about 15 golf websites last night, and it is amazing the different spin that is put on this case by some of them. I was shocked actually.

Hey, it's all about spin. The ability to be factually accurate and totally misleading (one of my strengths) is key here!

 

[Craig Mac]

An interesting contradiction though. Performance is 'indistinguishable' for the old model but the new model will perform 'differently'.

Not really, the converted production models are the replacements for the invalid patent balls now. The new model is next years ball. So the old model and new model will be two different balls, and converted production ball will be similar to the old ball.

 

[Harry Longshanks]

Aside from the marketing waffle, the Titleist Litigation Fact Sheet contains some strong statements about performance of the 'new' ProV1 & ProV1x. For example:

Is there a performance difference between the existing Pro V1 golf balls and the converted production models?
No. While a number of changes in the manufacturing process were required to address the patent issues, performance and quality are indistinguishable from the current products and the converted products have been Tour validated.

Will New 2009 Pro V1 and golf balls perform differently or be marked differently?
As Titleist has always done throughout its 75 year history, we introduce new and improved golf balls when we have a better performing product. We introduced new Pro V1 products in 2003, 2005, 2007 and will introduce new products in 2009. The New 2009 Pro V1 models will perform differently from and better than the current Pro V1 models. ... ​

An interesting contradiction though. Performance is 'indistinguishable' for the old model but the new model will perform 'differently'.

Brad-

The first question refers to the balls produced September 2008 - December 2008 (the "interim" balls), while the second question refers to the new ball that will be introduced in 2009. Different balls.

 

[TheNewBrad]

Not really, the converted production models are the replacements for the invalid patent balls now. The new model is next years ball. So the old model and new model will be two different balls, and converted production ball will be similar to the old ball.

I still have doubts, or at least unanswered questions, about the performance of the new ProVs. One of those unanswered questions is whether Titleist would have changed the current ball in the absence of a Callaway court challenge?

 

[JB]

It appears that they were changing them anyway. But that is in my conversations with marketing. Every two years it seems that they change.

 

[Craig Mac]

I still have doubts, or at least unanswered questions, about the performance of the new ProVs. One of those unanswered questions is whether Titleist would have changed the current ball in the absence of a Callaway court challenge?

I think a lot of us have those same questions, however Titelist has been consistant with changing the balls every 2 years(I believe it's every 2 years). But yeah the lawsuit has a lot of people wondering how the "new" balls will stack up against the old ones.

 

[TheNewBrad]

It appears that they were changing them anyway. But that is in my conversations with marketing. Every two years it seems that they change.

I think a lot of us have those same questions, however Titelist has been consistant with changing the balls every 2 years(I believe it's every 2 years). But yeah the lawsuit has a lot of people wondering how the "new" balls will stack up against the old ones.

I suppose we'll never know whether you would or would not have changed. In my observation, the ProVs were a runaway success for Titleist (kudos to their marketing machine). With that degree of success, they may have kept the old one going; but I suppose we'll never know.

 

[JB]

Their track record since 01 has been to change every other year. I don't see why they would have kept this one longer.

 

[TinCupTampa]

It appears that they were changing them anyway. But that is in my conversations with marketing. Every two years it seems that they change.

Yeah most companies change their balls every year or two... but they also give them a new name.

 

[TheNewBrad]

For those with an interest in intellectual property and/or marketing, reading the Titleist ProV1 Litigation Fact Sheet certainly highlights the value, and impact, of a successful brand. The repeated use of "ProV1" (perhaps overuse) almost subliminally causes one to think of the brand as a synonym for "golf ball".

For example, "Pro V1 is and will remain available to all .... and can be played both before and after January 1, 2009."

 

[JB]

Yeah most companies change their balls every year or two... but they also give them a new name.

For those with an interest in intellectual property and/or marketing, reading the Titleist ProV1 Litigation Fact Sheet certainly highlights the value, and impact, of a successful brand. The repeated use of "ProV1" (perhaps overuse) almost subliminally causes one to think of the brand as a synonym for "golf ball".

For example, "Pro V1 is and will remain available to all .... and can be played both before and after January 1, 2009."

They have called them ProV1s for a couple of generations now.

 

[Fiona]

"How do I mark my Titleist?" Which one? Old balls, converted balls, new balls. It's got me confused. What a mess for Titleist.

I'll just stick to my Precept Laddies.