TaylorMade Suing Costco

Josh Babbitt February 1, 2024 145 Comments

There may be a lawsuit going down involving TaylorMade and Costco over patent infringement with the P790 and Kirkland Signature irons.

It appears that the company believes Costco is infringing on 5 different patents.

We will be updating this as more news is known.

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Josh Babbitt

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Josh Babbitt is the Publisher of The Hackers Paradise and co-founder of THP Media. He has a passion for the game and the equipment and travels the country hosting THP Experiences bringing the golf industry together with our forum community.

145 Comments

DataDude says:

February 2, 2024 at 11:00 am

[QUOTE=”Canadan, post: 12118162, member: 2320″]
Do we know for sure they didn’t sue them as well? It really wouldn’t surprise me if they took that swing and no one said anything about it.
[/QUOTE]
I could not find anything in the internet
Canadan says:

February 2, 2024 at 11:03 am

[QUOTE=”DataDude, post: 12118179, member: 47057″]
I could not find anything in the internet
[/QUOTE]
Interesting. Maybe they see Costco and/or Indi as an easier target?
Canadan says:

February 2, 2024 at 11:04 am

[QUOTE=”TJRyska, post: 12118156, member: 64369″]
Oh I will
[/QUOTE]
[IMG alt=”ryan reynolds hd GIF”]https://media2.giphy.com/media/s239QJIh56sRW/200.gif[/IMG]
TJRyska says:

February 2, 2024 at 11:05 am

[QUOTE=”Canadan, post: 12118192, member: 2320″]
[IMG alt=”ryan reynolds hd GIF”]https://media2.giphy.com/media/s239QJIh56sRW/200.gif[/IMG]
[/QUOTE]
Well maybe we end up with some new THPers ?????
RealPretendPsychic says:

February 2, 2024 at 11:07 am

[QUOTE=”TJRyska, post: 12118051, member: 64369″]
[MEDIA=instagram]C22UiJ2Re7v[/MEDIA]
[/QUOTE]
Boo! Show us the insides! Clean cut on the TaylorMade iron though.

Side note – I had Kirkland cookies for breakfast. Let’s go Costco!!!
TJRyska says:

February 2, 2024 at 11:14 am

[QUOTE=”DataDude, post: 12118147, member: 47057″]
Just a thought exercise here based on reading through the lawsuit [USER=64369]@TJRyska[/USER] posted.

Taylormade specifically included this image

[ATTACH type=”full” width=”289px” alt=”1706888625444.png”]9240143[/ATTACH]

They accused Costco of patent infringement for advertising this image (also included in lawsuit)

[ATTACH type=”full” width=”326px” alt=”1706888662448.png”]9240148[/ATTACH]

This is an image taken directly off another competitors website that has been up for almost 2 years now. Just really curious how one is a patent infringement and the other is not.

[ATTACH type=”full” width=”265px” alt=”1706888601316.png”]9240141[/ATTACH]
[/QUOTE]
Mind me asking who the other competitor is? The picture with the blue insert
mson says:

February 2, 2024 at 11:16 am

[QUOTE=”DataDude, post: 12118147, member: 47057″]
Just a thought exercise here based on reading through the lawsuit [USER=64369]@TJRyska[/USER] posted.

Taylormade specifically included this image

[ATTACH type=”full” width=”289px” alt=”1706888625444.png”]9240143[/ATTACH]

They accused Costco of patent infringement for advertising this image (also included in lawsuit)

[ATTACH type=”full” width=”326px” alt=”1706888662448.png”]9240148[/ATTACH]

This is an image taken directly off another competitors website that has been up for almost 2 years now. Just really curious how one is a patent infringement and the other is not.

[ATTACH type=”full” width=”265px” alt=”1706888601316.png”]9240141[/ATTACH]
[/QUOTE]
That is interesting. The bottom two images look pretty similar, but I’d guess it goes back to the details that each patent claims more specifically beyond just the images as there should be nuances to the designs, use of technology, etc.
MtlJeff says:

February 2, 2024 at 11:31 am

[QUOTE=”TJRyska, post: 12118195, member: 64369″]
Well maybe we end up with some new THPers ?????
[/QUOTE]

You don’t want THP’ers who’ve spent too much time on other forums. Most of them are irredeemable and uncouth, if you ask me
War Eagle says:

February 2, 2024 at 11:35 am

[QUOTE=”TJRyska, post: 12118237, member: 64369″]
Mind me asking who the other competitor is? The picture with the blue insert
[/QUOTE]
I believe that is a Cobra iron.
Tenputt says:

February 2, 2024 at 11:36 am

[QUOTE=”Canadan, post: 12118190, member: 2320″]
Interesting. Maybe they see Costco and/or Indi as an easier target?
[/QUOTE]
Maybe TaylorMade things Costco won’t fight very hard, because it is such an infinitesimally small fraction of revenue.
frontTsociety says:

February 2, 2024 at 11:41 am

[QUOTE=”Tenputt, post: 12118306, member: 42964″]
Maybe TaylorMade things Costco won’t fight very hard, because it is such an infinitesimally small fraction of revenue.
[/QUOTE]

A winning strategy IYO?
Tenputt says:

February 2, 2024 at 11:47 am

[QUOTE=”frontTsociety, post: 12118329, member: 74694″]
A winning strategy IYO?
[/QUOTE]
I have pondered about that. I think the Costco irons must feel very threatening to TaylorMade. Like I previously mentioned, private equity ownership is not worried about image, bluster, etc. It is all about bottom line. I don’t think TaylorMade would take this action unless it felt like it needed to for the bottom line. I don’t know enough about Costco to have a great opinion on whether the strategy is a winner. I think it could be, because Costco is all about stocking things that are hot and has no qualms about moving on, so it could easily feel like the fight isn’t worth it.
JB says:

February 2, 2024 at 11:51 am

[QUOTE=”Tenputt, post: 12118349, member: 42964″]
I have pondered about that. I think the Costco irons must feel very threatening to TaylorMade. Like I previously mentioned, private equity ownership is not worried about image, bluster, etc. It is all about bottom line. I don’t think TaylorMade would take this action unless it felt like it needed to for the bottom line. I don’t know enough about Costco to have a great opinion on whether the strategy is a winner. I think it could be, because Costco is all about stocking things that are hot and has no qualms about moving on, so it could easily feel like the fight isn’t worth it.
[/QUOTE]
Im the opposite. I honestly think this has less to do with Costco than people think.
Costco didnt design these irons, or any clubs. They outsourced it to a firm based out of Carlsbad.
frontTsociety says:

February 2, 2024 at 11:52 am

[QUOTE=”Tenputt, post: 12118349, member: 42964″]
I have pondered about that. I think the Costco irons must feel very threatening to TaylorMade. Like I previously mentioned, private equity ownership is not worried about image, bluster, etc. It is all about bottom line. I don’t think TaylorMade would take this action unless it felt like it needed to for the bottom line. I don’t know enough about Costco to have a great opinion on whether the strategy is a winner. I think it could be, because Costco is all about stocking things that are hot and has no qualms about moving on, so it could easily feel like the fight isn’t worth it.
[/QUOTE]
Nicely put. I always wonder what the exact motivation is when I see suits like this against giants. Would an agreement that they won’t make a similar iron in the future count as a win? I think so.
Tenputt says:

February 2, 2024 at 11:56 am

[QUOTE=”JB, post: 12118353, member: 3″]
Im the opposite. I honestly think this has less to do with Costco than people think.
Costco didnt design these irons, or any clubs. They outsourced it to a firm based out of Carlsbad.
[/QUOTE]
You could be right. It all is fascinating to me, having done some patent infringement litigation years ago, having traded stock for 35 years and having a love for the golf industry.

Here is the thing about your theory. Normally, somebody trying to protect its IP would go after both the retailer/marketer and the entity manufacturing the infringing product. I haven’t dug into the court documents. Do you know if TaylorMade is pursuing the firm you are referencing? If not, I wonder why not.
JB says:

February 2, 2024 at 11:57 am

[QUOTE=”Tenputt, post: 12118365, member: 42964″]
You could be right. It all is fascinating to me, having done some patent infringement litigation years ago, having traded stock for 35 years and having a love for the golf industry.

Here is the thing about your theory. Normally, somebody trying to protect its IP would go after both the retailer/marketer and the entity manufacturing the infringing product. I haven’t dug into the court documents. Do you know if TaylorMade is pursuing the firm you are referencing? If not, I wonder why not.
[/QUOTE]
Manufacturing would be tough to attack here.
Tenputt says:

February 2, 2024 at 11:57 am

[QUOTE=”frontTsociety, post: 12118356, member: 74694″]
Nicely put. I always wonder what the exact motivation is when I see suits like this against giants. Would an agreement that they won’t make a similar iron in the future count as a win? I think so.
[/QUOTE]
For sure, that would be the objective. A settlement agreement would quietly be reached with non-disclosures and we simply would never see a similar product on Costco shelves again.
War Eagle says:

February 2, 2024 at 12:04 pm

[QUOTE=”JB, post: 12118353, member: 3″]
Im the opposite. I honestly think this has less to do with Costco than people think.
Costco didnt design these irons, or any clubs. They outsourced it to a firm based out of Carlsbad.
[/QUOTE]
That’s what I said last night, what are the odds Costco throws Indi under the bus, I would say pretty good.
JW Smoove says:

February 2, 2024 at 4:12 pm

Based on the photos i don’t see this going too well for TaylorMade. They are not the same and who knows what happened to the material when it’s cut/melted.

Note if they sued INDI while they might still not win, at least they chose the correct target.
mson says:

February 2, 2024 at 4:21 pm

[QUOTE=”War Eagle, post: 12118386, member: 6727″]
That’s what I said last night, what are the odds Costco throws Indi under the bus, I would say pretty good.
[/QUOTE]
I tend to agree. I’m not sure how the commercial agreement between Costco and Indi was structured, but Costco probably has some protection for damages, litigation, fraud, etc., which probably puts this back all or mostly on Indi

Perhaps Indi is really the primary target and what TM really cares about (i.e., Indi is/becomes a recurring problem), but Costco just happens to be collateral damage since they’re ultimately selling it under their own brand.
OldeDude says:

February 2, 2024 at 5:31 pm

[IMG]https://pbs.twimg.com/media/GFXJigYWIAAMVy0?format=jpg&name=small[/IMG]
TJRyska says:

February 2, 2024 at 9:09 pm

[QUOTE=”OldeDude, post: 12119311, member: 49557″]
[IMG]https://pbs.twimg.com/media/GFXJigYWIAAMVy0?format=jpg&name=small[/IMG]
[/QUOTE]
I’m reading the comments on a GolfDigest post about this and there’s a lot of folks saying they would like to buy a set of Kirkland irons now that this has come out.
Parrot says:

February 2, 2024 at 9:13 pm

TaylorMade assumed the risk.
Thrillbilly Jim says:

February 2, 2024 at 11:16 pm

[IMG alt=”turntables GIF”]https://media4.giphy.com/media/wtil0pQFBbNwA/200.gif[/IMG]
Tenputt says:

February 2, 2024 at 11:21 pm

[QUOTE=”Parrot, post: 12119681, member: 48815″]
TaylorMade assumed the risk.
[/QUOTE]
What risk did TaylorMade assume?
Parrot says:

February 2, 2024 at 11:34 pm

[QUOTE=”Tenputt, post: 12119803, member: 42964″]
What risk did TaylorMade assume?
[/QUOTE]
It was a joke off the golf ball and window thread. A lot of mischaracterization there. I thought it was funny here. Lack of voice and tone really hampered it.
Tenputt says:

February 2, 2024 at 11:41 pm

[QUOTE=”Parrot, post: 12119816, member: 48815″]
It was a joke off the golf ball and window thread. A lot of mischaracterization there. I thought it was funny here. Lack of voice and tone really hampered it.
[/QUOTE]
I didn’t see that thread.

Me going to look for the thread

[IMG alt=”The Lord Of The Rings Reaction GIF”]https://media3.giphy.com/media/HVr4gFHYIqeti/200.gif[/IMG]
tequila4kapp says:

February 2, 2024 at 11:48 pm

[QUOTE=”OldeDude, post: 12119311, member: 49557″]
[IMG]https://pbs.twimg.com/media/GFXJigYWIAAMVy0?format=jpg&name=small[/IMG]
[/QUOTE]
They seem very different to me. Not sure what TM is thinking, honestly.
JW Smoove says:

February 2, 2024 at 11:55 pm

[QUOTE=”tequila4kapp, post: 12119826, member: 9704″]
They seem very different to me. Not sure what TM is thinking, honestly.
[/QUOTE]
said that earlier, I agree with you. I can’t see them winning based on the side by side, eager to see how it plays out.

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TaylorMade Suing Costco