Wondering how Acushnet/Titleist’s legal team would respond to Costco’s pursuit of a judgment that the Kirkland Signature ball didn’t infringe on any Acushnet patents? With creativity and overwhelming force, it seems.

Almost five months removed from Costco’s suit, Acushnet is predictably denying all claims, as well as filing a 284-page countersuit of its own. The substance of the suit: Alleging the Costco ball infringes on 10 Acushnet patents.

But this isn’t all: Titleist is also taking issue with the Kirkland Signature Guarantee. You know, the company’s proclamation that, “Every Kirkland Signature product is guaranteed to meet or exceed the quality standards of the leading national brands.”

Acushnet suggests there’s no way a Costco private label product of the same quality as the Titleist Pro V1. Thus, in this case, the Guarantee amounts to false advertising.

In this case, the Kirkland Signature Guarantee, Acushnet alleges, is intended to deceive consumers into believing the Kirkland Signature ball “meets or exceed the quality standards” of Titleist’s Pro V1 line. Further, Acushnet doesn’t believe Costco has conducted the comparison testing required to make the such claims and guarantees.

Acushnet, in the countersuit, indicates it has done the requisite comparison testing between the Kirkland Signature ball and the Pro V1/Pro V1x. The company found Costco’s ball didn’t go as far across a range of swing speeds, had less back spin, and was less durable.

Not only should the court declare Costco is infringing on the 10 patents in question, the countersuit says, but Costco should pay three times “adequate damages” for the infringement. Even further, Acushnet wants Costco to hand over three times Costco’s profits on the K Sigs.

As of now, Acushnet is not asking for a specific amount in damages. Rather, the company is seeking a jury trial to determine infringement and damages.

This all began with a letter from Acushnet in December. The Pro V1 manufacturer told Costco it believed the company was engaging in false advertising and infringing on company patents. Costco filed its aforementioned suit in mid-March. Acushnet 284-page countersuit represents a response to that motion.