Marketing Blurb hates to dispel the bold claims, but the secret ingredient in sports energy drinks is relatively simple—they contain caffeine. We drink coffee, and feel like an athlete every morning. But despite ingredients and benefit claims, energy drink giant Red Bull is locking horns with competitor Redline in a case of trademark-infringement. Red Bull claims the name and packaging of Redline may confuse customers. Redline
countered that Red Bull cannot substantiate their product benefit claims. But as you might expect—neither brand can really substantiate their product benefit claims. Red Bull positions itself as a drink which “improves performance, reaction speed, endurance, and concentration.” Redline claims their beverage helps you “drop fat.” While
Marketing Blurb cannot comment on the merits of the trademark-infringement case, we do agree with the
Miami Herald that the greater issue if the absence of FTC guidelines on energy drink claims. Today, the FTC has ''no public cases involving any of these energy drinks at this point,'' said Richard Cleland, the FTC's assistant director of division advertising practices. So, we think that marketers should indeed protect and defend their trademark. We also recommend these two parties get together for coffee and settle this one out of court.
Photo Credit: USA Today
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