So last week we got an interesting email and letter in the mail from Red Bull. It was a Cease and Desist order demanding we stop advertising (therefore 
selling) one of our products. We know that a few other sites out there have dealt with this a lot more than us, this is our first one, and we’re quite proud!
Basically they say that this product is infringing on their mark because it is too similar to Red Bull.
We take this seriously and we are looking into our options and rights now.
Don’t get us wrong, we absolutely respect the fact that these guys have to protect their trademarks. We have even heard that it is a requirement, meaning that if they don’t go after everything that may infringe that that can be seen as giving up your rights to your marks. And in this ever important business of creating and owning a brand you can’t have someone stealing your stuff or profiting off of your success unfairly.
But in thinking this through we have raised some questions that we are looking into with some legal counsel. We’ll run through a bit of it here to see what you guys think. In the meantime we’ll let you follow us along on this little adventure.
Firstly we couldn’t help but notice that this name or logo or packaging or product was not created by us. So we have no control over what someone calls their product and what they use as a logo, etc. Therefore if there is an issue to resolve it firstly needs to be done with those that did the deed in question.
Secondly this is a demand from one company to another company. Now as far as we know one company does not have any authority over another unless it has been given it in some legal fashion.
Thirdly, and maybe the most important, is that there was no supporting evidence that the product in question has been proven to be an infringing mark. If that were the case then the other points above would be moot. Because they would have had taken the creator of the brand to court, proven that this mark was an infringement and had the legal authority to tell them – as well as anyone else selling the product – to stop selling it.
Again we do not have lick of legal experience to know what is relevant in our chain of logic above. But you can see with a bit of common sense this letter has raised some serious questions. The last of them being the key, what are we – a third party store that is just simply selling really freakin’ cool products – required to do by law?
On one hand we love Red Bull – they took this sweet nectar we call caffeine to new heights. On the other hand, like many of our fans on twitter and Facebook have noted, they are now the 800lb. gorilla pushing around all the little guys trying to get into this industry.
So let us know your thoughts, and we’ll keep you in the loop as to what the lawyers say. We have till the 12th to respond and we plan on thoroughly looking into all options available.
STAY UP!
~King
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