Rich Energy lose court battle with Whyte Bikes; several court orders made

Spielberg, Austria

Austrian Grand Prix – Rich Energy’s stag logo shouldn’t re-appear on the Haas F1 cars, as courts in the UK have issued several orders against the energy drinks manufacturer.

The title sponsor of the Haas team, Rich Energy, were brought to court by British company Whyte Bikes over the use of a stag logo that appeared to be almost identical to that of the cycling company.

Following the initial court hearing last month where Rich Energy’s defence was ruled against by Judge Melissa Clarke in the High Court, the stag logo was removed from the Haas F1 cars from the Canadian Grand Prix.

A further hearing of the Intellectual Property Enterprise Court was heard in the Rolls Building in London on Thursday morning, where Rich Energy’s request to be allowed to take their case to the Court of Appeal was refused.

Further orders were made against Rich Energy, which are:

  • An court injunction has 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; this will take effect on the 18th of July.
  • Rich Energy requested a three month stay of this injunction. The court refused this, granting them a three week stay only.
  • Rich Energy have been ordered to deliver all infringing products to Whyte Bikes or, if they’d prefer, can destroy the items or render them non-infringing. This must be completed by the 1st of August.
  • A court declaration has been made that Rich Energy’s stag head logo UK trademark is invalid. This takes effect on the 18th of July.
  • 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.
  • Rich Energy have been ordered to pay costs of £35,416 to Whyte Bikes within 14 days of the court date.
  • If Rich Energy and Whyte Bikes can’t agree on damages for copyright infringement, the court will assess it at a later hearing.

Rich Energy can go to the Court of Appeal for permission to appeal these orders, with any such application or application for a continuation of their three week stay being submitted before the 18th of July. Formal sign-off of these orders by Judge Melissa Clarke is scheduled for this coming Monday.

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Thomas Maher

Co-owner, Chief Editor and a journalist for FormulaSpy.com - Ireland's only accredited F1 & Formula E website. Enjoy my work - https://www.buymeacoffee.com/MidcHN8

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