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Top-Flite's Rough Tactics
By Justin Martin

(FORTUNE Magazine) – Stroke of genius or a nasty slice? Golf equipment maker Top-Flite has just launched two new golf balls designed specifically for its competitors' drivers. While a major player in golf balls, Top-Flite has only a sliver of the driver market. But Callaway Golf, maker of the popular Big Bertha line, and Taylor Made Golf, with its Ti Bubble 2, own 60% of the market. So for Top-Flite's brass, simple statistics dictated that they design balls for the competition. "We have to strike while the iron's hot," puns Scott Creelman, executive vice president of Spalding Sports Worldwide, Top-Flite's parent company.

Of course, Callaway and Taylor Made are seriously teed off--particularly at Top-Flite's packaging, which features pictures of their drivers. Upcoming print ads are still more brazen: "Tailor made for Taylor Made" and "Big Bertha has met its match." Top-Flite put disclaimers on its packages stating that it isn't affiliated with either competitor, but Callaway just filed suit in U.S. District Court on six counts, including trademark infringement and unfair competition. Says Ely Callaway, the company's 78-year-old founder and chairman: "We really wonder how it can be fair to use our brand image and our brand name to sell their golf balls."

Legal experts say the case could go either way. Justice may be blind--but she's known to swing a mean nine iron.

--Justin Martin