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To support its case, Karsten presented, in the United States Court of Appeal, economic evidence that there had been no negative impact for the PGA Tour by professionals using the ‘Ping-Eye 2.’ This included a quantitative study that the percentage of money won by players using the golf club was less than the percentage of players not using the club. Furthermore, there was no proof that Ping golf clubs led to a greater number of players getting their balls to the green in less than regulation. The evidence of the professionals was as expected – that changing clubs would adversely hurt their game, with this impacting on prize money won and endorsement income. By contrast, the PGA considered that success for Karsten would irreparably damage its standing as the governing body. If their reputation were diminished, it would then have difficulty formulating rules for the conduct of tournaments under its control. However, the Court in comparing the harm done to the manufacturer and the player, as against the PGA Tour found in favour of the manufacturer. The damage done to the prestige and reputation of the PGA paled in comparison with the financial harm to the players and Karsten. An injunction was granted preventing the ban of the club going ahead and with this in mind, both the USGA and the PGA settled the outstanding litigation with Karsten. This saw Karsten acknowledging the USGA as the principal rule making body, the PGA as the administrative organisation in charge of tournaments with an independent equipment advisory committee established to oversee the introduction of innovations. Both sides claimed victory – the USGA and PGA retained their positions as the authoritative rule-setters for golf and tournament play, the manufacturer and players able to continue to use the ‘Ping-Eye 2.


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