JUDGMENT
PROHIBITS NICKENT FROM MAKING SIMILAR CLAIMS IN THE FUTURE
CARLSBAD,
Calif.– TaylorMade-adidas Golf Company
and Nickent Golf reached an agreement with regard to
claims by Nickent in print and television advertising
and on its website.
Per the terms of the
judgment, Nickent is permanently enjoined from, among
other things, advertising in any medium a claim which Nickent
does not have a reasonable and factually 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 with regard to claims made in Nickent's recent print and television advertising and on
its website concerning the purported 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."
For
more information contact: TaylorMade-adidas Golf Public Relations
Department, Scott Leightman,
Tel: 760.476.5748, email: scott.leightman@tmag.com or
John Steinbach, Tel: 760.918.6330, email: john.steinbach@tmag.com