| CALLAWAY
GOLF, US MARSHALLS, CUSTOMS AGENTS AND LOCAL POLICE SHUT DOWN KNOCK OFF
GOLF CLUB OPERATION Callaway
Golf Company announced today that US Marshalls, Customs Agents and local police
in New York, New Jersey and Texas have carried out a series of successful raids
against an importer and a distributor charged with trafficking in illegal knock-offs
of Callaway Golf Clubs. The raids resulted in the forfeiture of thousands of golf
club heads, as well as the seizure of documents and other evidence. The raids
were conducted pursuant to orders issued by Judge John W Bissell of the US District
Court in Newark, New Jersey. In
1998 Callaway Golf learned that Fairway to Heaven Inc of Demarest, New Jersey,
was selling copies of Callaway Golf's Big Bertha X-12 irons under the name of
"Big Bursar V-12" and copies of Big Bertha Steelhead Metal woods under
the name of "Big Bernard Steelclad". In December 1998 officials from
Callaway Golf obtained a court judgement against Fairway to Heaven, its owner
and its salesperson, Joe Opulski, prohibiting future sales of the products. In
April and May 1999, Callaway Golf received evidence of violation of the judgement.
Based on that information, Callaway Golf obtained an order from Judge Bissell
authorising raids of several separate locations in New York, New Jersey where
the defendants were believed to be operating. On May 20 and 22, local law enforcement
officials, accompanied by United States Marshalls and representatives of Callaway
Golf, carried out raids. As a result, almost 350 Big Bernard, Big Bursar and other
golf club heads and fully assembled clubs were seized. On
2 June 1999, the Court entered an order confirming the seizure of the infringing
products and turning over possession of those products to Callaway Golf for further
proceedings or destruction. The Court's Order also held Opulski in contempt of
court and awarded damages and attorney's fees of over $100,000. Further proceedings
against Fairway to Heaven and its owner to determine their responsibility for
the judgement and attorney's fees are scheduled for later this month. Based
on the evidence obtained from Fairway to Heaven, the US District Court authorised
a raid against one of Fairway to Heaven's suppliers, Beta Company of Houston,
Texas. On 8 June 1999, officials from US Customs and the US Marshalls Office,
accompanied by representatives of Callaway Golf, raided a warehouse and storage
facility and seized approximately 150 cases containing over 6000 club heads, including
"Rident Big Brother" and "Stealth Wide Body II" metal woods
and "Canterbury Big Bursar" irons. In addition to the club heads, customer
lists were also seized. On 14 June 1999, the Court entered an order confirming
the seizure from Beta Company. In addition to the forfeiture of the products,
Beta Company and its owner, Chin Ku Chin, have been ordered to pay $164,000 in
damages plus attorney's fees to Callaway Golf. "Those
that distribute illegal copies of our clubs in the United States are taking advantage
of consumers, our employees and our shareholders," said Ely Callaway, Founder
and Chief Executive Officer. "This activity is wrong, and we will continue
to do what we can to stop it both here and abroad." "We
appreciate the efforts of the Court, the US Marshall's Office, the US Customs
Service and local law enforcement in the fight against illegal copies," added
Steve McCracken, Executive Vice President and Chief Legal Officer of Callaway
Golf. |