Mean Fiddler, the music and bars group, has been found in contempt of court in a case involving its copycat energy drink Sinergy, following a complaint by rival Red Bull.
Red Bull issued proceedings against Mean Fiddler last year claiming the group was “switch selling” its energy drink Sinergy when customers ordered Red Bull at its bars, without first obtaining the customer’s consent.
Mean Fiddler had given formal undertakings to the Court of Appeal not to switch sell but according to Red Bull the undertakings were being breached. The company applied to the court for enforcement and Mean Fiddler has now been ordered to pay the bulk of the costs of the application on an indemnity basis.
Mean Fiddler was unavailable for comment and the amount of the costs has not been disclosed. Sinergy is available in bars and the drink originally appeared in blue and silver cans similar to Red Bull, although the packaging has now been altered.
Red Bull has a history of tackling copycat drinks and suppliers and won a victory against nightclub leisure operator First Leisure Group in the UK involving energy drink Shark in 2002.