Red Bull has filed a federal lawsuit alleging that a Rochester, N.Y., bar owner is passing off Mac Croc energy drink as Red Bull to customers who order such drinks as an "Eyeopener" (vodka and
Red Bull) or a "VCR" (vodka, cranberry juice and Red Bull) in several taverns he owns.
Red Bull claims the practice -- called "passing off" in the restaurant trade -- hurts its
trademark, deceives the public and creates unfair competition by allowing the bars to profit by substituting a lower-priced product. Red Bull can cost $2 or more a can; Mad Croc can sell for half
that.
The company alleges that bar magnate Ronnie Davis has ignored demands to stop the practice and asks for an injunction to prevent it. Red Bull has filed several similar lawsuits
against bar owners in New York City, Philadelphia, Las Vegas and Iowa City. Those lawsuits ended with settlements that preclude "passing off" and require the bars to pay an undisclosed amount to Red
Bull.
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