A complaint from the United States District Court in Seattle states Costo are asking for a declaratory judgement that it is:
- “Not infringing any valid patent rights owned by…Acushnet”
- “Not engaged in any false advertising regarding the (Kirkland Signature) golf balls.”
Apparently, Acushnet sent a threatening letter to Costco, accusing it of infringing 11 patents and engaging in false advertising in saying the Kirkland Signature “meets or exceeds the quality standards of leading national brands”.
“Acushnet asserts that the statement is intended to indicate to a reasonable consumer that the "Kirkland Signature" golf ball is the same or of greater quality as Titleist’s Pro V1,” the complaint states.
However, Costo says it has not compared the Kirkland product with any Titleist ball.
The Kirkland ball retails at $15 (12.16) per-dozen, while the Titleist Pro V1 is on sale for £34.99.