Edude (shadydude) has disclosed a shady tactic in pushing his TP BIB.
He has the establishment post a sign that reads..
"We serve our own great tasting energy drink. When ordering any energy drink we will serve you our great tasting drink. Thank You. Management! "
I say this is ILLEGAL (passing off). The employee should clarify to the comsumer at the time the order is placed that what they are going to recieve is "X BRAND" (tp bib) and NOT what they had originally ordered.
KFC/TACO BELL AND PIZZA HUT got into a legal mess with Coke when there was ZERO clarification between Pepsi (being served) and COKE (what people ordered).
It doesnt matter what signs are posted...hell if I ordered a PEPSI at the WORLD OF COCA COLA in Atlanta yes I would get laughed at but the employees would CLARIFY!!
In conclusion, I guess that this tactic (unknowingly forcing of) is the only way he can get people to order ....sorry ...... drink (cause their not ordering it) his product.
Im sure RBs law firm is way ahead of me on this.
Would love to know everyones opinion LEGAL/ILLEGAL?. ....and the outcome (which we will never know)
This tactic is called "slamming" when done by the phone companies. It's illegal and immoral.
I was in the *business* when Pepsi had trial markets in the Burger Kings and Wendy's. Pepsi did place signs that stated "Pepsi is proudly served" in those establishments. The signs weren't enough however - if a consumer asked for Coke (or a Coke product), that consumer had to be told that Coke products were not offered and asked if they'd care to try a Pepsi product.
If the consumer was not notified of the fact that Coke products weren't avialable (when asked for) - the establishment and Pepsi were liable to a lawsuit from Coke (infringing on trademarks, etc..).
I stopped at a small resturant today and asked for a coke - the waitress immediatly stated that they didn't serve Coke (Pepsi products only) and asked if I'd like to try Pepsi instead. No company takes their trademarked name lightly - nor should they.
I'm quite certain that Red Bull will file a lawsuit if their trademark is infringed in any way what-so-ever. I know I would.
You are comparing apples to oranges!!! The sign clearly states that no other product is available other than their own and a RED great tasting energy drink cannot be confused as RB. So LEGALLY speaking there is no attempt to deceive or Pass the product off as anything but what it is.
Pepsi and Coke can be easily mistaken... A great tasting RED energy drink cannot.....PERIOD!!!
The sign tells you just like a MENU what is available. A customer that orders anything else is either dumber than dirt or went to the same HS as Toby! [img]smile.gif[/img]
You better watch out edude. You are right on the edge of which way a judge would rule on the issue. I think what you are doing is legal, but only because I think they haven't confronted a situation exactly like the one you've put yourself in. If it came down to a court judgement you could be the one that they decide to make an example. Be careful
Edude, I cant tell the difference between Coke and Pepsi. I can with Diet, but not regular. So just because you think one product tastes better than the other, why do you think that every customer that orders a RB & " " should know when the get the drink that they have another beverage in it. Why doesnt your sign say you only serve TP BIB, it wouldnt solve the problem of passing off, but it would help your defence a little. If someone askes for RB and they are served another drink out of the gun and not told differently, they will still asume they got RB. What if it is mixed with other flavorings that change the color, then its not Red anymore, so whats your defence now? I would love to see a bar or any store try and make me pay for a drink when I order one thing and get another. If they give it to me for free, fine, Ill give it a try, but I will not pay if they try and pass off something else to me.
We sell our own great tasting energy drink. Upon ordering "any" energy drink you will be served our great tasting drink. Thank you. Management!
What do you not understand???? If some dim wit now walks up and orders anything else other than our house energy drink. He is too stupid to get anything else other than what he is given.
It is not passing off because no one alive can confuse RB with a great tasting RED energy drink. NOT ONE PERSON ON THE PLANET WILL CONFUSE IT! If the customer says hey I said RB the bartender would look at him and say HEY READ THE SIGN GENIUS!!! Why order something we do not serve and tell you we do not serve?????????
Your sign will be fine E-dude - as long as people ask only for a energy drink. If those people ask for a specific brand of energy drink - your accounts must inform the consumer that the requested drink is not available.
How many people ask for a vodka and energy drink?
For that matter; how many people ask for a cola when ordering? Most request a specific brand (Coke, Pepsi, RC, etc..)
Brand awareness is very important to the companies that own the brand. Millions (or more) are spent to drive brand awareness - names are trademarked, as are advertising jingles. No company will allow you to get away with selling your product under their brand name.
I hope, for your sake, that you have very deep pockets - you're going to need them if you're playing the game you've claimed.
Again the sign clearly states that the bar serves its own energy drink. The sign is right there next to the bartender. You may order whatever you want the bar is just letting you know in ADVANCE that you will be served their fine drink!
No one is being tricked they are being told right up front order any Energy Drink you want..... you will always be getting ours!!! No deception no tricks just a club telling you right from the start no matter what you order you will be getting our energy drink.
How does it get better than that..... you are told before you ever order!!!