Britvic Limited, owner of various juice brands including J2O and Robinson’s, has recently had a claim brought against it by Northamptonshire based couple Amanda & David Robinson, who run a popular glamping lodge called the Magic Mushroom Cabin. The claim was filed in the Intellectual Property Enterprise Court on the basis of copyright infringement after Britvic allegedly used an image of the Magic Mushroom Cabin, taken by Mrs Robinson as part of a summer competition, without the Robinsons’ consent.
The Robinsons are seeking damages of an estimated £6,500 for loss of profits, in addition to an award of the standard licence fee that Britvic would have otherwise needed to pay the Robinsons in order to use the image for commercial purposes. The Robinsons also seek a flagrancy uplift on damages, an allegation which, if successful, would increase the damages awarded to them. The basis for this is that Britvic did not credit the Robinsons for the photograph in any instances of its use across various advertisements, online and in-person.
However, Britvic appears to be robustly defending the claim and has denied all allegations of copyright infringement and flagrancy, arguing that the Robinsons are not entitled to damages and that Mrs Robinson will be put to proof that she is the owner of the copyright.
Overall, this claim is evidence in itself that intellectual property does not only belong to large companies and organisations, and that smaller businesses and individuals also enjoy the protections afforded by intellectual property rights. While it is too early in the claim to determine the Robinsons’ prospects of success in the claim, this will remain one to watch.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
