SuperSpeed Sues The Stack System For False Advertising

SuperSpeed, which I believe is truthful to say was the primary swing velocity 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 shoppers in regards to the real-world features its product produces.

It’s value mentioning that members of the MyGolfSpy Workers 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 is dependent upon your price range, your use case, and extra usually, your desire.

The bigger level is that when golfers persist with this system, any of the three are more likely to ship extra swing velocity.

That stated, this challenge isn’t about whether or not or not the Stack System works; it’s fully about whether or not it really works in addition to the corporate’s advertising and marketing implies.

SuperSpeed’s Criticism

You’ll be able to learn the total grievance 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 shoppers.

Stack System’s advertising and marketing supplies inflate obvious swing velocity and distance features via selective presentment of knowledge with out qualification that purported features will not be the end result, in complete or half, of its coaching protocol and merchandise.

A great 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 end result”, “actual achieve” or that outcomes are “confirmed within the area” when distance achieve claims will not be measured after a drive at a golf course or driving vary.

Semantics or gotcha? That’s for the court docket to determine.

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 grievance).

The grievance (embedded under) is a fairly fast learn, so I encourage you to have a look.

What SupersSpeed Needs

So far as what SuperSpeed hopes to get out of that is involved …

Along with the requisite stop and desist stuff, SuperSpeed is in search of:

A judgment that the Stack System has disseminated false and/or deceptive data in violation of federal and Illinois regulation.

The deletion of all false promoting distributed and recall of all packaging containing false promoting and a requirement that Stack System challenge 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 previously eighteen months.

Written affirmation inside 30 days of an injunction detailing the style and kind through which Stack System has complied.

An order that Stack System disseminate corrective promoting informing shoppers, 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 earnings obtained by Stack System on account of its illegal actions.

3X all damages sustained by SuperSpeed (on account of Stack System’s actions)

The price of the motion

All affordable lawyer charges

All different aid to which SuperSpeed are entitled and such different or extra aid as simply and correct.

To elucidate why SuperSpeed has filed swimsuit, the corporate’s lawyer offered the next assertion:

Media-Alert-SuperSpeed-Golf-Statement.docx-1 Download

Ideas for the Highway

Market share knowledge for the swing velocity coaching house isn’t available, nevertheless it’s protected 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 might not be working to the corporate’s profit.

Whereas an precise court docket would possibly sometime render the one verdict that issues (there are not any ensures this goes to trial), there’s absolutely to be an excellent bit of debate within the court docket of public opinion as as to if SuperSpeed has a official trigger for grievance 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’re feeling you have been misled?