Red Bull one up but V to appeal before next encounter

By DITA DE BONI

Entrenched energy drink makers Red Bull and V are squaring up for a fight over the "bodies and minds" of consumers in Australia and New Zealand after locking horns over advertising in South Africa.

After nine months of legal dispute, the South African Advertising Authorities appeal committee has handed victory in the latest round of fighting between the two companies to Austrian-based Red Bull, saying its slogan "vitalises body and mind" was used by V "in a recognisable manner which may result in the likely loss of potential advertising revenue [to Red Bull]."

Originally, New Zealand's V had managed to have its competitor's objections dismissed on the basis that the coveted slogan was used inconsistently by Red Bull, which also uses "gives you wings" as a marketing strap-line .

The two companies now look set to relive the lengthy dispute, with Red Bull intending to trademark the phrase "vitalise body and mind" in both Australia and New Zealand.

Red Bull's Australasia corporate projects manager, Paul Devereux, says the company had taken steps to protect the slogan in Australia and New Zealand before the latest victory in South Africa, which has reportedly cost both parties around 300,000 rand ($NZ90,000) each in legal expenses.

"Red Bull has been using the line 'vitalises body and mind' in its advertising and on its cans since 1987 when the product was first launched in Austria," he says.

"It was then launched in English in the United Kingdom in 1993 and we have been using the slogan since we arrived in New Zealand in 1996 - long before V was even thought of."

Under the latest South African ruling, V is required to withdraw the contentious phrase from all of its advertising with immediate effect, and from packaging within the next three months.

Frucor Beverages are the South Auckland-based producers of V. Managing director Mark Cowsill says the company has not had an opportunity to contact its legal advisers in South Africa, but will take the ruling to another appeal.

He confirmed V's international roll-out features the catch phrase "vitalises body and mind" in advertising created by Auckland-based advertising agency Colenso.

But he says the phrase is "generic to the energy drinks industry."