RICH ENERGY HAAS F1 TEAM TITLE SPONSOR LOSES COURT CASE FOR COPYING WHYTE BIKES’ STAG LOGO
Whyte Bike press release: Issued 14th May 2019
Rich Energy’s un-authorised use of Whyte’s Logo is to end following a court battle and victory for the award-winning British bicycle brand.
‘We only use the finest ingredients’ boasts the Rich Energy website. Unfortunately, until now, those ingredients have included an un-authorised copy of the Whyte Bikes’ Stag’s Head Logo, used without permission and against the wishes of the Hastings based cycle brand.
The Judgment from March’s court case between ATB Sales Ltd (the owner of Whyte Bikes) and William Storey (the CEO of Rich Energy), StaxoWeb Ltd (the originator of the infringing Rich Energy logo), and Rich Energy Ltd has today been handed down by Judge Melissa Clarke.
Her Honour found that both Kelly and Storey, representing Defendants Staxoweb and Rich Energy had lied and deliberately misled the court, and that they directly and knowingly copied Whyte Bikes’ logo.
Judge Clarke said “I am satisfied that some of Mr Storey’s evidence was incorrect or misleading and that he was involved in the manufacture of documents during the course of litigation to provide additional support for the Defendants’ case.” “I do not accept either Mr Storey or Mr Kelly as credible or reliable witnesses and I treat all of their evidence with a high degree of caution.” Also, “I am satisfied on the balance of probabilities that both Mr Kelly and Mr Storey have lied about not being familiar with C’s Device (Whyte’s logo). I find it more likely than not that they were familiar with it, and that they directly and knowingly copied C’s Device in designing D1’s Device (Rich Energy’s logo).”
The result is that Rich Energy’s logo has been held to infringe the copyright in the Whyte logo, entitling ATB to an injunction and damages or an account of Rich Energy’s profits.
Whilst the Rich Energy drink has proved almost impossible to find or purchase the visibility of the Rich Energy brand has recently increased, coming to the attention of F1 viewers as a result of their sponsorship of the Rich Energy Haas F1 Team, whose cars both feature multiple applications of the copied Whyte Bikes logo.
As can be seen below, copied from the Court’s Judgment, the similarity between the logos is staggering...
|WHYTE BIKES LOGO||RICH ENERGY COPY|
Click here to read the complete Judgment