An Argentine corporation has filed a federal trademark infringement lawsuit against the LIV Golf League and its HyFlyers GC team captained by Phil Mickelson, accusing them of copying its 20-year-old logo for popular skateboarding and lifestyle apparel brand Fallen.
In a federal lawsuit filed Thursday in U.S. District Court in New Jersey, attorneys for Cool Brands Supply wrote that the “defendants’ adoption and use of their knockoff logo nearly twenty years after Plaintiff commenced use and in the face of Plaintiff’s federal trademark registration is not just reckless and inexplicable — it is willful infringement and unfair competition.”
Cool Brands Supply said it has sold footwear and apparel bearing its trademarked logo with back-to-back F’s since 2003. The company argued LIV Golf uses a similar logo on hats, shirts and sweatshirts. Mickelson wore the HyFlyers logo while finishing second at the Masters in April and while competing in last month’s PGA Championship.
“The similarities between the two marks, particularly when used on clothing, are striking, and are confusing consumers and causing damage to Plaintiff’s senior mark and brand,” Cool Brands Supply’s attorneys wrote in the complaint. “Plaintiff previously demanded that Defendants cease use of their infringing logo, and they refused.”
In the complaint, attorneys noted that the HyFlyers didn’t use the nearly identical logo on their uniforms and merchandise during LIV Golf’s inaugural season in 2022. The “infringing mark” was first displayed after the team’s rebranding in February.
Mickelson, who is competing in this week’s U.S. Open at Los Angeles Country Club, wasn’t immediately available for comment.
Last week, the PGA Tour announced a stunning partnership with the DP World Tour and Saudi Arabia’s Public Investment Fund, which is financing the LIV Golf League. Mickelson was among 11 LIV Golf players who filed a federal antitrust lawsuit against the PGA Tour, alleging it used its monopoly powers to quash competition.
Mickelson and the other players later removed themselves as plaintiffs in the case. The tours’ new alliance ended all legal action against each other, according to a news release announcing the partnership.