Rich Energy have three weeks to remove all logos depicting a stag which courts have ruled is a copy of the Whyte Bikes logo and infringes their copyright.
Since this matter exploded onto the scene, Rich Energy have gone on a rabid attack on Whyte Bikes on social media citing today’s ruling as redemption day for Peter Storey’s shady fizzy drinks venture that bought black & gold back to the Formula 1 grid.
But on the day the law did not see it their way and apart from an almost immediate order to desist using the stag logo on their products and they have no right to appeal. In other words, the courts have had enough of the runaround.
The whole ill-advised fiasco, consisting of bullying and belittling Whyte Bikes, has made Rich Energy and their bearded boss William Storey few friends but admittedly garnered tons of publicity, mainly negative which supposedly adheres to the ‘no publicity is bad publicity’ marketing ethos.
Adding insult to injury is the fact that Rich Energy have been “ordered to disclose to ATB the total UK and global sales to date of cans of Rich Energy drinks sold and ” the total sums received from such sales” as well as paying costs to Whyte Bikes’ parent company.
This is what the court ordered today:
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.