You can imagine the teacher shouting it across the classroom.
“You’re a lot bigger than him, so don’t be a bully!”
The David vs Goliath references pop up every now and again in the media.
Usual situation goes like this: Company A (well established, growing brand, upward trajectory, and a touch of hubris) sees that Company B (smaller, sometimes independent, slightly-to-hugely different offering) has a similar name. Then brings in the lawyers, straightaway.
Intellectual property (IP), and copyright infringement are to be taken seriously.
Just, mind how you go about it... try talking first.
(I realise these are all drinks related. Guess I’m an FMCG guy at heart…)
Oatly vs PureOaty
Been in the news this week, as Oatly (I’ve written before about its tone of voice) lost its court case against Glebe Farm in Cambridgeshire, who had a similar brand – I mean, it’s oat-based, so what are you going to call it… – called PureOaty.
Oatly brought legal action, saying PureOaty took “unfair advantage” and infringed five trademarks “with the ‘PureOaty’ name and the drink's packaging, as well as "passing off" their product as Oatly's.”
The High Court judge disagreed, saying
he “did not see "any risk of injury to the distinctive character" of the Oatly brand.
Goliath: “During the two-day hearing in June, the court heard Oatly had sold more than £38m worth of its "barista edition" oat milk, and more than £13m of other varieties.”
David: “Glebe Farm Foods, based near Huntingdon, launched an oat milk in 2019 called "Oat Drink", before rebranding it "PureOaty" in 2020.”
Click the below image to read more:
Redbull vs Redwell brewery
Way back in 2013, we had this cracker.
Global energy drinks behemoth Redbull lawyered up to challenge Norwich-based brewery Redwell – named after a street – accusing it of tarnishing Redbull’s reputation…
Redwell went to TM its name and Redbull’s IP lawyers hit the roof.
Goliath: In 2020, 7.9 billion cans of Red Bull were sold worldwide. A spokesman said: "There is no dispute here.
"Red Bull has long been willing [WILLING?! - AD] to allow Redwell to maintain its mark for beer so long as they do not use it for energy drinks."
David: “Redwell said it had never had any intention to produce energy drinks at its brewery which employs eight people in Norwich.”
Click the below image to read more:
Brewdog’s Lone Wolf brand vs Brum’s Lone Wolf pub
And then there was the one where a spirit brand tried to sue a pub.
In the news recently, this goes back to 2017, when Brewdog’s (probably punk) spirit brand Lone Wolf took umbrage at the fact that a Birmingham pub wanted the same name. HOW DARE IT?! People will get so confused when they order a bottle and a pub turns up.
Brewdog founder blamed ‘trigger happy’ lawyers, who had been put on '“washing up duty for a week”. The pub owners, who spent money changing the branding to the ‘Wolf’ pub, weren’t best pleased.
Goliath: Watt, who offered to send them some of his new spirit range (any PR is good PR?) runs the once 'punk' upstart, that employs 1,600 people and is worth an estimated $2bn.
David: Every 2nd Wednesday of the month, the Wolf has a Quiz Night: “Get those cogs working & win yourselves a £30 bar tab.”
Click the below image to read more:
