The LIV Golf League and Phil Mickelson’s Hy Flyers GC team are the subject of a federal trademark infringement lawsuit filed by Argentinian corporation Cool Brands Supply. Per ESPN, the lawsuit concerns the corporation’s 20-year-old logo for skateboarding, footwear and apparel brand Fallen, which it argues is nearly identical to the newer HyFlyers GC logo.
The lawsuit was filed last Thursday at US District Court in New Jersey. In it, attorneys for Cool Brands Supply wrote that: “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. Plaintiff previously demanded that Defendants cease use of their infringing logo, and they refused.”
They also describe the adoption and use of the HyFlyers GC logo as "reckless and inexplicable."
HyFlyers GC was rebranded after the inaugural LIV Golf season, and its new logo has since been seen regularly on clothing worn by members of the team, including Mickelson.
The news comes less than a week after the end of hostilities, including litigation, between the PGA Tour, DP World Tour and LIV Golf after a deal was struck between the more established circuits and the Saudi Public Investment Fund.
It’s not the first time LIV Golf has been the subject of legal action related to trademarks. In March, it was reported that famous Miami-based nightclub LIV had objected to LIV Golf’s trademarks in a Notice of Opposition, claiming that the golf venture's trademarks are “visually, phonetically and aurally similar and the goods/services share similarities.”
ESPN also reports that Mickelson, who will take part in this week’s US Open at Los Angeles Country Club, was not immediately available for comment.
A spokesperson for LIV Golf declined to comment on the report.
What Is Cool Brands Supply?
- Cool Brands Supply is a corporation from Argentina that provides logos - among other items - to brands
- In 2003, Cool Brands Supply sold a logo to Fallen, and it claims HyFlyers GC's logo is "nearly identical"
- The logo in question features back-to-back Fs
