More Legal Trouble for LIV: Controversial Golf League Hit with a Trademark Infringement Suit

LIV Golf is in the midst of legal trouble, but not for the reason you may think. Although LIV’s proposed merger with the PGA and the impending investigation has the sports world on the edge of its seats, LIV also finds itself having to tackle a trademark infringement lawsuit.

Fallen Footwear, an American skateboarding apparel brand founded in 2003, has hit LIV and Phil Mickelson’s “Hy Flyers GC” team with a trademark infringement lawsuit.

The federal lawsuit was filed by Cool Brands Supply, the company that owns Fallen’s IP rights, in the U.S. District Court in New Jersey on June 8^th. The company claims that the Hy Flyers logo is “nearly identical” to Fallen’s logo that has been trademarked for twenty years, and they may not be wrong.

To succeed in a trademark infringement claim, the party claiming infringement will have to show that the allegedly infringing mark will likely bring about consumer confusion. Evidence of consumer confusion will serve as strong evidence that an infringement has in fact taken place. Want to see what consumer confusion looks like? Take a look at this Reddit post below.

Although this is just one small piece of evidence in favor of Fallen Footwear’s claim, it is reasonable to assume that other consumers have thought the same way.

Despite LIV’s legal department being a little preoccupied at the moment, it will certainly have to answer for what appears to be a textbook case of trademark infringement.