Facts

Plaintiff Swingless Golf Club Corp. sued Roy Taylor, James Stowell, Jack Galanti, Mike Stringer, Centerfire Golf Co., New River Industries Corp., Steve Fluke, and EZee Golf, LLC alleging patent infringement, misappropriation of trade secrets, unfair competition, Lanham Act violation, and breach of contract related to the "Swingless" golf club.

The "Swingless" golf club is a pyrotechnic device that blasts golf balls hundreds of yards down a fairway. It is designed for "golfers who cannot (or would rather not) swing." The golf club is designed to look like a traditional club except that it is loaded with gunpowder.

Defendants Taylor, Stowell, Galanti, Stringer, and Fluke filed a counterclaim for fraud, conversion, corporate waste, and breach of fiduciary duty.

Result

Judge William Alsup granted counterdefendants' motion for summary judgment on all of the counterclaims. He reminds defendants that "simply calling a statement 'fraudulent' does not make it so." To conclude the order granting summary judgment, Judge Alsup writes that, "No mulligans on summary judgment or discovery will be permitted. Both sides must be ready to come out swinging." STIPULATED JUDGMENT AND PERMANENT INJUNCTION: Swingless and defendants stipulated to entry of judgment on September 21, 2010. The judgment holds defendants liable for a sum of $179,500.00 to be received within 30 days. If plaintiff does not receive payment within 30 days, four of five defendants will be liable for 150% of their share, for $247,750.00 total. Fluke, Galanti, Stringer, and Stowell were bound by a permanent injunction prohibiting them from making or selling any kind of ballistic impeller golf club.

Other Information

FILING DATE: Dec. 15, 2008.