An Injunction been granted preventing Rich Energy from infringing Whyte Bikes’ copyright in their stag logo. Rich Energy will not be able to use the stag logo on energy drinks or on any other products; the injunction takes effect on 18 July. #F1#AustrianGP
Rich Energy has been ordered to disclose to ATB Sales (Whyte Bikes) the total UK and global sales to date of cans of Rich Energy featuring the offending logo, as well as the total sums received from these sales.
SUMMARY OF MAIN POINTS OF COURT ORDER MADE ON 27 JUNE 2019 IN ATB SALES LIMITED -V- (1) RICH ENERGY LIMITED, (2) WILLIAM STOREY, (3) STAXOWEB LIMITED
An Injunction been granted preventing Rich Energy from infringing Whyte Bikes’ copyright in their stag logo. The effect of this is that Rich Energy will not be able to use the stag logo on energy drinks or on any other products; the injunction takes effect on 18 July 2019;
Rich Energy’s request for a 3 month stay of the injunction was refused, they have been allowed a 3 week stay only;
Rich Energy’s request for permission to appeal to the Court of Appeal was refused. They can ask the Court of Appeal for permission to appeal. Any application for permission to appeal and/or for a continuation of the stay will have to be made by 18 July 2019.
Rich Energy have been ordered to deliver up all infringing Rich Energy products to Whyte, or, at Rich Energy’s option, to destroy the items or render them non-infringing by 1 August 2019.
A declaration has been made that Rich Energy’s stag’s head logo UK trademark is invalid; this provision will not take effect until 18 July 2019.
Rich Energy has been ordered to disclose to ATB the total UK and global sales to date of cans of “Rich Energy” drink bearing the Rich Energy stag’s head logo and the total sums received from such sales;
Rich Energy has been ordered to pay costs of £35,416 to ATB Sales (Whyte) within 14 days.
Damages for copyright infringement, if not agreed between the parties, will be assessed by the court at a later hearing.
Also, by August 1st, Rich Energy must disclose to Whyte Bikes "Any sums of money invested in or made available to #RichEnergy , including for the avoidance of doubt sums invested in or made available to the Rich Energy, in connection with its sponsorship of the Haas #F1 Team."
I’m also a little surprised at their use of hashtag #betterthanredbull. If there is one thing RedBull is really good at it is marketing. I wouldn’t really want to flag myself as a target, especially at this time
I bet they’ve never run a viral marketing campaign with global coverage and news headlines for £35,416
Thats very true but you do get the impression that RE are winging it rather than being in control. They appear to have become the story rather than the product
If I was Whyte I’d set up a premium rate phone number and hand that out to all the journalists as the number for their PR department. By the end of the summer the entire workforce should be able to retire to the Bahamas.
http://www.staxocopy.com is from the same group of companies. I’m rather disappointed it didn’t turn out to be their logo copying venture :D, rather just a plain old print and document management solution. From the court findings not sure I’d trust them with document management…
Rich Energy looks unlikely to be able to pay ATB Sales’ costs. In fact it is unclear how it paid its own (if it did). I think the order for disclosure of sources of funds is to try to identify anyone who may have been bankrolling the litigation. It is possible to get a costs order against the funder in those situations, which is probably ATB’s best hope of getting any money back.
The scene – A random petrol station in Elkhart, Indiana.
Enter stage left a shifty looking chap with ten little black cans. He shoves them in a fridge, forgetting to line up the (stolen) logos. Then he reaches for his camera to film the magnificence.
I worked for Coca-Cola for a few years, started out as a merchandiser and spent a lot of time putting in fridges and presenting product. That video makes my teeth itch.
I worked for Coca-Cola for a few years, started out as a merchandiser and spent a lot of time putting in fridges and presenting product. That video makes my teeth itch.
They’re trying to convey the feeling of actually consuming it.
Somebody recognised that store on Twitter, the new ‘chain’ is a convenience store in Elkhart, Indiana. Loving the camera work, ‘quick, film it before they notice’.
That looks like it was a dare and they’ve potatoe recorded filmed it as evidence. Probably some palpitating little hormonal kid doing it for his uncle William Storey waititng in the car outside.
