| CALLAWAY
GOLF AND ORLIMAR SETTLE LAWSUIT Callaway
Golf Company and Orlimar Golf Equipment Company LLC announced today that they
have agreed to settle the case brought by Callaway Golf against Orlimar in January
1999. In that lawsuit Callaway Golf charged that Orlimar had engaged in a nationwide
advertising campaign that portrayed Callaway Golf, its golf clubs and its technology
in a false, misleading and damaging manner. Callaway Golf also charged that Orlimar
had violated two of its patents on iron golf clubs. Orlimar denied any wrongdoing
in the matter and filed a counterclaim against Callaway Golf for unfair competition
and false advertising. Pursuant
to the parties' settlement agreement, a consent decree and injunction have been
entered in the United States District Court. The injunction orders Orlimar not
to falsely portray Callaway Golf or its products in Orlimar's future advertising
or promotional materials; not to employ robot tests to compare the performance
of Orlimar golf clubs with Callaway golf clubs in the future; not to use professional
golfers to endorse its products by displaying Orlimar logos on their bags or hats
unless they actually use at least one Orlimar club; and not to make certain other
specified statements in advertising which Callaway contends could be misconstrued
by, or misleading to, the consumer. The
patent issues were resolved pursuant to a separate license agreement. |