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Taylor Launches Legal Smackdown on Nickent

From a TM press release:

TaylorMade-adidas Golf Company (TMaG) filed a lawsuit yesterday against Nickent Golf in 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.

Nickent’s online, print and TV campaign appears designed to lead consumers to believe that its 4DX driver is the #1 driver model on the PGA Tour and Nationwide Tour. The reality is that “ by a tremendous margin “ more professionals on the PGA Tour in 2008 have used TaylorMade drivers than drivers made by any other manufacturer, including Nickent (655 instances of use for TaylorMade drivers, compared to just 18 for Nickent drivers).1 Likewise, more professionals on the 2008 PGA Tour have used TaylorMade’s Burner® driver than any models made by Nickent (156 instances of use for TaylorMade Burner drivers, compared to just 18 for Nickent drivers).2 Finally, while Nickent attempts to base some of its broad claims on statistics from just two of the only four Nationwide Tour events played this year to date, the truth is that at every Nationwide Tour event played this year to date, more professionals played TaylorMade drivers than any other brand.3

“Occasionally fringe companies in the industry try to encroach on our territory as the #1 driver in golf by misrepresenting the facts,” said Bob Maggiore, TMaG’s vice president of marketing. “Being the #1 driver model at a Nationwide Tour event does not equate to being the No. 1 driver on tour. TaylorMade has been the #1 driver brand on the PGA Tour, as well as the Nationwide Tour, since 2001.4 That more than qualifies us to question Nickent’s logic and judgment in making claims that are misleading at best, and blatantly false at worst.”

The Darrell Survey and Sports Marketing Surveys Ltd. reported that a total of 8,474 TaylorMade drivers were put into play during 2007 on the world’s major professional golf tours, with the next competitor “ which was not Nickent “ ranking a distant second with 4,082.5 So far this year TaylorMade leads the PGA Tour’s cumulative driver count with 655 in play 1, leads the Nationwide Tour driver count with 183 3, leads the Champions Tour driver count with 170 6, and leads the LPGA Tour driver count with 137 7.

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Robert Thompson

A bestselling author and award-winning columnist, Robert Thompson has been writing about business and sports, and particularly golf, for almost two decades. His reporting and commentary on golf has appeared in Golf Magazine, the Globe and Mail, T&L Golf and many other media outlets. Currently Robert is a columnist with Global Golf Post, golf analyst for Global News and Shaw Communications, and Senior Writer to ScoreGolf. The Going for the Green blog was launched in 2004.

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