Skateboarding Apparel Brand Sues Saudi-Backed Golf Tour Over Logo
Two days after the LIV Golf Tour won a landmark merger with the PGA, the Saudi Arabia-sponsored upstart found itself slapped with a trademark infringement lawsuit.
Filing in a New Jersey U.S. District Court, the plaintiff, Argentina-based Cool Brands Supply, accused the LIV Tour and one of its teams—the HyFlyers GC—of illegally using its logo for its own.
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Cool Brands Supply, which operates the brand Fallen, a maker of apparel, footwear and accessories, especially popular in the skateboarding world, wrote in its 26-page filing last Thursday that the logo for the golf team, captained and believed to be partially owned by champion Phil Mickelson, is “virtually identical” to the Fallen brand’s.
In the five-count complaint, the apparel maker is asking for an injunction against any future use of the mark, delivery of all items bearing the mark for destruction, compensatory damages and legal fees. Cool Brands Supply pointed to televised appearances by Mickelson at the Masters in April, when the 52-year-old finished tied for second. In the filing documents, Cool Brands Supply pointed to the clothing worn by Mickelson during the first round of the tournament, which prompted bloggers to ask “Is Phil Mickelson sponsored by a skate company?” and on the skateboarding site Dose, “Golfer Phil Mickelson now sponsored by Fallen?”
Cool Brands Supply notes in the complaint that the HyFlyers GC only changed its logo to one they believed to be infringing in February of 2023, prior to the start of the LIV’s second season.
“There is substantial crossover between apparel traditionally recognized as golf apparel and skateboarding apparel,” according to the complaint, which specified Nike, Adidas, Puma and New Balance as brands that produce both, and that retailers like Dick’s Sporting Goods and Champs Sports carry both golf and skateboarding lines.
Besides allegedly confusing consumers, the lawsuit claims the infringement damaged the skateboard brand’s reputation given the Saudi government’s connection to human rights abuses.
“Plaintiff has already received numerous customer comments and complaints regarding a supposed affiliation with Defendants, some of which are critical of Plaintiff in light of Defendants’ reputation as an effort to distract from their funding monarchy’s human rights abuses and cleanse Saudi Arabia’s repressive global image,” the suit reads. “LIV Golf is financed by the sovereign wealth fund of Saudi Arabia and has been accused by some of sportswashing, namely, attempting to improve the public image of the Saudi Arabian monarchy (which has been criticized for repression, corruption, and human rights abuses) through sports.”
