Red Bull has successfully won a case it brought against two New South Wales nightclubs which were unlawfully substituting its own brand for energy drink.

The Federal Magistrates Court has ruled that the Havana nightclub and Bloc nightclub had engaged in misleading and deceptive conduct by unlawfully substituting another product when customers asked for Red Bull.

It is the first time that Red Bull has taken court action to defend its brand against the practice of substitution.

Substitution is an increasing problem in bars, pubs and clubs for Red Bull, where-by cheaper products are deliberately given to customers asking for Red Bull without informing them, and still being charged a premium price.

Red Bull took the unusual step of taking the matter to court after reported incidents of the practices rose.

“Red Bull is totally committed to protecting its brand and the rights of its consumers. The latest action demonstrates that we will vigorously pursue those people we see as infringing the rights of the Red Bull brand and those of our valued consumers”, said Janelle Neath, head of communications at Red Bull.

“Red Bull Energy Drink is a premium brand and with that comes an expectation, by our consumers, to deliver the highest quality product. The strong marketing effort behind Red Bull Energy Drink is driving consumption which is clearly being exploited by some venues, taking away the rights of the consumer and threatening the intellectual property rights of our brand”, Neath added. Courtesy bandt.com.au