Callaway Sued Over Use of ‘Octane’ Mark on Golf Equipment
Callaway Golf Co., maker of Big Bertha golf clubs, was sued for trademark infringement by a Wisconsin competitor.
TourSwing Golf LLC accused Callaway of infringing its “Octane” trademark. The company claims that Callaway has attended many of the same golf trade shows and the companies had adjacent booths. TourSwing said its Octane golf club has been displayed at those shows, and Callaway had “actual” knowledge of the Grafton, Wisconsin-based company’s use of the name and mark.
It objects to Callaway’s July application to register “Octane” as a trademark with the U.S. Patent and Trademark Office, and the Carlsbad, California-based company’s use of the Octane name “as a prominent feature” on its Diablo line of golf clubs.
Consumers are confused by Callaway’s actions, said TourSwing, which asked the court to bar Callaway’s use of the term. TourSwing seeks money damages, including profits tied to the alleged infringement, as well as extra damages to punish Callaway for its actions and awards of attorney fees and litigation costs.
Callaway didn’t respond immediately to an e-mailed request for comment.
TourSwing is represented by Mark M. Leitner, Joseph S. Goode and John F. Hovel of Kravit, Hovel & Krawczyk SC of Milwaukee.
The case is TourSwing Golf LLC v. Callaway Golf Co., 3:11- cv-00043, U.S. District Court, Western District of Wisconsin (Madison).