Glamping cabin owners sue Britvic over alleged copyright infringement
Owners claim damages for unauthorised image use in Britvic competition
Amanda and David Robinson, owners of the Magic Mushroom Cabin in Dodford, Northamptonshire, are taking legal action against Britvic over claims of copyright infringement involving a competition run by the company.
The Robinsons allege that the soft drinks manufacturer used an image of their glamping site without permission to promote a competition offering a "unique summer hangout" experience.
The couple has filed a claim in the High Court, seeking a declaration that Britvic infringed their copyright and requesting damages amounting to thousands of pounds.
Britvic, known for its J2O drinks as well as Robinsons squash and Tango, has not yet responded to the allegations.
Court documents state that barrister John-Paul Tettmar-Saleh represents Mr and Mrs Robinson, who allege Britvic ran the competition from July to September last year.
It is claimed that the image, taken by Mrs Robinson in 2017, was used to promote the competition on various platforms, including the J2O Amazon store and in online and in-store advertising.
The advertisements reportedly did not credit the Robinsons for the image, which the barrister describes as a "flagrant" copyright violation.
Further, Britvic allegedly continued to use the image for around 90 days after acknowledging a complaint from the Robinsons.
The Robinsons are seeking £6,552 in damages for lost profits and an additional sum representing the fee they would have charged Britvic for image usage rights.
Mr Tettmar-Saleh highlighted the disparity between the Robinsons' brand and Britvic's corporate image, suggesting they would have demanded substantial payment for a brand association.
A hearing for the case is yet to be scheduled.
Britvic, based in Hemel Hempstead, holds an exclusive UK licence with PepsiCo to produce beverages like Pepsi and 7Up.
In January last year, the High Court approved a significant £3.3 billion acquisition of Britvic by Carlsberg, owner of various international brands.