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  • Administrator
Posted

https://static1.squarespace.com/static/603d222df4a6a57df7ef3e29/t/663cdba5d89e3a1848dab8d1/1715264422455/US_DIS_ILND_1_24cv3749_d34676497e293_COMPLAINT_filed_by_SuperSpeed_Golf_LLC_Jury_Demand.pdf

The full complaint is there, but  basically, SuperSpeed (SS*) is claiming the Stack System (SS*)

  • Stack System’s [sic] produces inflated metrics later used to, [sic] mislead and deceive consumers.
  • Stack System’s marketing materials inflate apparent swing speed and distance gains through selective presentment of data without qualification that purported gains are not the result, in whole or part, of its training protocol and products.

* Yes, I'm joking about abbreviating both "SS."

SuperSpeed wants:

  • A judgment that the Stack System has disseminated false and/or misleading information in violation of federal and Illinois law.
  • The deletion of all false advertising distributed and recall of all packaging containing false advertising and a requirement that Stack System issue notices (written or otherwise) to that effect to all current distributors and retailers of its products and all distributors with whom Stack System has done business in the past eighteen months.
  • Written confirmation within 30 days of an injunction detailing the manner and form in which Stack System has complied.
  • An order that Stack System disseminate corrective advertising informing consumers, the trade, and the public of Stack System’s unlawful conduct.
  • 3X all profits received by Stack System as a result of its unlawful actions.
  • 3X all damages sustained by SuperSpeed (as a result of Stack System’s actions)
  • The cost of the action
  • All reasonable attorney fees
  • All other relief to which SuperSpeed are entitled and such other or additional relief as just and proper.

Oy.

Erik J. Barzeski —  I knock a ball. It goes in a gopher hole. 🏌🏼‍♂️
Director of Instruction Golf Evolution • Owner, The Sand Trap .com • AuthorLowest Score Wins
Golf Digest "Best Young Teachers in America" 2016-17 & "Best in State" 2017-20 • WNY Section PGA Teacher of the Year 2019 :edel: :true_linkswear:

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Posted

Why should SuperSpeed get 3x of Stack's profits?

I get the part about SuperSpeed wanting damages sustained as a result of Stack, but I don't get why SuperSpeed feels that they're entitled to both Stack's profits and damages.

 

Does anyone know/think SuperSpeed actually has a case here?

Driver: :titleist:  GT3
Woods:  :cobra: Darkspeed LS 3Wood
Irons: :titleist: U505 (3)  :tmade: P770 (4-PW)
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  • Moderator
Posted
12 hours ago, klineka said:

Why should SuperSpeed get 3x of Stack's profits?

When has a lawsuit asked ONLY for what is realistically due?  Its not going to court, its going to be negotiated (probably), and in any negotiation you start with a lot more than you expect to get.

Dave

:callaway: Rogue SubZero Driver

:titleist: 915F 15 Fairway, 816 H1 19 Hybrid, AP2 4 iron to PW, Vokey 52, 56, and 60 wedges, ProV1 balls 
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:footjoy::true_linkswear:, and Ashworth shoes

the only thing wrong with this car is the nut behind the wheel.

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