It took about a week, but the redacted version of Acushnet’s response to Callaway’s request for a permanent injunction is in! Apparently links to this blog have been pretty popular, as I have learned from Acushnet’s Brief in Opposition that “[a] Callaway sales representative has also circulated a link to Callaway’s brief, posted on a website, to Acushnet retailers.” Come on; throw me a bone, would it have killed you to say a “popular” website, or an “entertaining” website. Oh well, at least one of the exhibits (a Declaration of David Maher, the VP of US Titleist Sales) does mention the maliciously used website… see below..... Guys, come on… if you are going to use my links to talk trash about your competition, couldn’t you arrange for a sleeve of balls to show up in my mail, perhaps a set of last season’s clubs, maybe an FT-i driver? Kidding of course… (…right handed, stiff flex…)... Anyway, back to the important stuff. Acushnet’s Brief in Opposition is good. It seems to persuasively address all the issues required to oppose a permanent injunction. But, let’s face it… the only ones that are going to read the full Brief are probably attorneys that visit this site. Therefore, let me skip right to the informative and entertaining stuff, which I have conveniently formatted in a David Letterman style “Top 10” list, but with a unique “Top 6” twist. Number 6... Number 5... Number 4... Number 3... Number 2... Number 1: The best quote from the Brief probably has no legal value, but it contains some great mudslinging and I am sure that Acushnet loved to get some of Mickelson’s quotes out to the public. The following quote from the Brief refers to notes from one of Acushnet’s test sessions with Phil Mickelson in June of 2000.... Now, the teaser..... According to Acushnet, Mickelson's quotes include reference to a "sh*tty ball" that "spins like crap." Can you guess which ball he is referring to?
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