Divix Golf, Inc., which makes switchblade divot tools, filed suit in Federal Court in San Diego, CA against Remedy Golf, Inc. for patent and trademark infringement.
“The suit alleges that Remedy Golf is selling illegally imported divot tools domestically and has deliberately copied Divix’s trade dress to confuse customers,” according to the complaint.
The sale of the defendant’s product, according to the plaintiff, was brought to the attention of Divix Golf, Inc. management by a consumer who purchased what he believed to be a DIVIX switchblade divot tool at a location in San Diego, CA. The consumer became concerned, alleged the plaintiff, after using the product and examining the poor quality and lack of function of the product. The “Knock-Off” tools were verified to be infringing upon Divix Golf, Inc. products as were additional tools bought in several areas of the US, including South Carolina and New Jersey.
“Infringing and counterfeiting golf products are a problem that has been present in the industry for years.” said Chad Kolakowski, Vice President of Sales and Marketing for Divix Golf, Inc. “It’s a shame that people steal ideas and products and directly infringe on patents with no regards to originality and integrity. Protecting our patents and trademarks is a number one priority for us and will not be tolerated.”
Bandwagon, Inc. is also included in the infringement suit for their alleged unauthorized release of company proprietary molds for tool manufacture overseas. Divix Golf, Inc. currently manufactures all its products in the greater San Diego area with all its labor force being based in the United States.