SuperSpeed, which I feel is truthful to say was the primary swing pace coaching system, has sued The Stack System, a competitor based by famous golf biomechanist Sasho Mackenzie and Marty Jertson, a long-time PING engineer and Tour competitor, for false promoting.
SuperSpeed and its representatives declare that The Stack System has engaged in a advertising and marketing marketing campaign to mislead customers in regards to the real-world positive factors its product produces.
It’s value mentioning that members of the MyGolfSpy Employees and our group members have used The Stack System, SuperSpeed, and Rypstick, a 3rd competitor.
Our expertise (and that of our group members) suggests that each one three instruments work. As with many issues in golf, the one which’s best for you seemingly will depend on your price range, your use case, and extra typically, your choice.
The bigger level is that when golfers persist with this system, any of the three are prone to ship extra swing pace.
That mentioned, this situation isn’t about whether or not or not the Stack System works; it’s solely about whether or not it really works in addition to the corporate’s advertising and marketing implies.
SuperSpeed’s Criticism
You may learn the total criticism on the backside of this submit, however the laundry checklist of complaints asserts that (amongst different issues):
Stack System’s [sic] produces inflated metrics later used to, [sic] mislead and deceive customers.
Stack System’s advertising and marketing supplies inflate obvious swing pace and distance positive factors by selective presentment of information with out qualification that purported positive factors are usually not the outcome, in entire or half, of its coaching protocol and merchandise.
little bit of the remainder of the checklist revolves across the The Stack’s algorithms, the language the corporate makes use of to explain swings, and whether or not it’s affordable to assert a “actual outcome”, “actual acquire” or that outcomes are “confirmed within the discipline” when distance acquire claims are usually not measured after a drive at a golf course or driving vary.
Semantics or gotcha? That’s for the courtroom to resolve.
There are additionally some particular examples of Stack System social media posts that SuperSpeed and its representatives imagine to be deceptive (you’ll discover these embedded within the criticism).
The criticism (embedded beneath) is a fairly fast learn, so I encourage you to have a look.
What SupersSpeed Desires
So far as what SuperSpeed hopes to get out of that is involved …
Along with the requisite stop and desist stuff, SuperSpeed is searching for:
A judgment that the Stack System has disseminated false and/or deceptive info in violation of federal and Illinois legislation.
The deletion of all false promoting distributed and recall of all packaging containing false promoting and a requirement that Stack System situation notices (written or in any other case) to that impact to all present distributors and retailers of its merchandise and all distributors with whom Stack System has finished enterprise prior to now eighteen months.
Written affirmation inside 30 days of an injunction detailing the way and kind by which Stack System has complied.
An order that Stack System disseminate corrective promoting informing customers, the commerce, and the general public of Stack System’s illegal conduct.
And it wouldn’t be a lawsuit with out financial aid within the type of:
3X all income acquired by Stack System because of its illegal actions.
3X all damages sustained by SuperSpeed (because of Stack System’s actions)
The price of the motion
All affordable legal professional charges
All different aid to which SuperSpeed are entitled and such different or extra aid as simply and correct.
To clarify why SuperSpeed has filed go well with, the corporate’s lawyer offered the next assertion:
Ideas for the Highway
Market share knowledge for the swing pace coaching area isn’t available, nevertheless it’s secure to imagine that The Stack System has devoured up a good portion of what would in any other case have been SuperSpeed enterprise.
The elevated competitors is probably not working to the corporate’s profit.
Whereas an precise courtroom would possibly sometime render the one verdict that issues (there are not any ensures this goes to trial), there’s certainly to be a superb bit of dialogue within the courtroom of public opinion as as to whether SuperSpeed has a legit trigger for criticism or if this is likely to be a case of bitter grapes over a competitor constructing a greater mousetrap.
Have you ever used The Stack System? In that case, do you are feeling you had been misled?
SuperSpeed LLC v. The Stack System GP, Inc. and The Stack System, LP
MyGolfSpy has reached out to representatives of The Stack System for remark, however didn’t hear again as of the time of publish.
The submit SuperSpeed Sues The Stack System For False Promoting appeared first on MyGolfSpy.
