Published on November 19th, 2010 | by Michael J Smith4
Specialized Wins Injunction Against Robby Gordon
U.S. District Court Judge Andrew J. Guilford granted an injunction against Robby Gordon for using the logo he developed for his Speed Energy drink. Specialized Bicycle Components claimed that Gordon’s “S” logo for his drink could be confused with the company’s “S” logo.
Under the injunction, Gordon will not be able to sell products that feature the logo or use the logo on his race cars. No word was given on when the logo needed to be removed, or when products with those logos needed to be removed from the marketplace.
The filing stated that Gordon already produced 2.4 million cans bearing the logo (at a cost of $1.1 million), and the company has commited to selling 1.8 million cans through distribution agreements. Gordon contends that the cans cannot be re-labeled and that it would take at least 90 days to design a new logo and reproduce the cans.
Gordon has used the the logo on his car for 10 races, which was said to be worth $2.25 million.
Gordon argued that his logo was different from Specialized’s and wouldn’t be confused with it because the energy drink business is not similar to the bike business.
Specialized, however, pointed out that they sponsor a cycling team in partnership with Monster Energy Drink, one of Gordon’s former sponsors. Specialized said that the marketing channels “substantially overlap.”
Specialized issued a ceast-and-desist letter to Gordon over the logo. In response, Gordon filed suit. As a result of that, Specialized sought an injunction to stop Gordon from using the logo.
Gordon says that if he’s unable to use the logo and has to change it, he may not be able to run in the Sprint Cup Series next season.
Gordon says his logo is different because it is shaped like a lightening bolt, and is orange wheras Specialized’s logo is more red. See the logos below: