Showing posts with label nutrition. Show all posts
Showing posts with label nutrition. Show all posts

Monday, 12 September 2011

Innocent Vitamins Reaches Out-of-Court Agreement stopping Innocent Drinks from Entering the Vitamin Market Until 2014


I’m still Innocent but decided to be Innovitive, says Innocent Vitamins founder, Dawn Reid


West Sussex – Innocent Vitamins and Nutrition Ltd founder Dawn Reid has reached an out-of-court commercial resolution with Fresh Trading Ltd, manufacturers of Innocent Drinks and majority-owned by The Coca Cola Company, regarding use of the word ‘innocent’.

Dawn said, “I decided to change the name because I could no longer justify the costs of my lawyers responding to Innocent Drinks claims of trademark infringement. It costs in excess of £250,000 to fight an intellectual property case like this and rather than spend that money to win a court case, I decided instead to invest in my business and now have new products for teenagers and adults on the way.”

Dawn also said, “I was surprised when I discovered in February this year that Innocent Drinks liked my children’s vitamins product so much they applied for a trademark to enter the vitamin market themselves. This was months after my product was launched and available online and in shops. Innocent Drinks then wrote to me accusing me of trademark infringement and telling me to shut my business down. I was extremely shocked when I got this letter, as before I launched my business, I sought advice from experts including Companies House and the Intellectual Property Office (IPO) with regards the use of the word “innocent” in relation to vitamin supplements. I was advised to go ahead and hence launched my product. After Innocent Drinks’ claims, I sought expert advice with top IP Lawyers in London to ascertain my rights and then vowed to fight the case in court and I told Innocent Drinks this.

After months of letter writing and huge financial costs, it became apparent to me that unless I had hundreds of thousands of pounds to be represented by lawyers to take on a huge corporation such as Innocent Drinks, that I would not get my day in court. Hence I came to the decision to focus on the great product that I have and change the name. I received no money from Innocent Drinks and have paid all of my legal costs. I also refused to a confidentially agreement as I wanted to be free to discuss what has happened.”

From 1st September this year we have begun the move towards our product being known as Innovitive Vitamins and phasing out stocks of Innocent Vitamins. This follows the signing of a commercial resolution between myself and Innocent Drinks on 27 June 2011 where I decided to make an Innovitive modification to the branding on the agreement that Innocent Drinks will not enter the vitamin market for three years.”

Dawn added, “The success of my children’s vitamin product for children aged 3 to 12 years continues and I have recently signed an agreement with an international retailer. I’ve been overwhelmed by the positive support I have had from the public, retailers and my loyal customers. My mission is to continue to be Innovitive and bring great quality vitamins to the market.”

About Innovitive Vitamins

Following substantial research into the children’s vitamin market, in June 2010 Mrs Reid launched Innocent Vitamins and Nutrition Ltd. She brought to the market a multivitamin and mineral supplement that she was happy to give to her own children, completely free of any sugars, sweeteners or additives. The vitamins are also suitable for vegetarians, vegans, Kosher approved and suitable for those with allergies. This idea meant departing from the market norm which was to produce chewable vitamins for children that often contain additives, sugars, artificial sweeteners, bulking and gelling agents. The product is available online through its website http://www.innovitamins.co.uk and, from September 2011, through selected supermarkets and independent health stores.

For more information, please contact:

Mrs Dawn Reid (Mother and Managing Director)
Inspired Vitamins and Nutrition Ltd
Camden Orchard
Lewes Road
Ashurst Wood
West Sussex
RH19 3TA

+44 (0)1342 311838
hello@innovitamins.co.uk
http://www.innovitamins.co.uk


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Tuesday, 8 March 2011

Innocent Vitamins Refutes Innocent Drinks’ Trademark Claim

Innocent Vitamins founder Dawn Reid with her children Henry and Beatrice

Founder, Dawn Reid, refutes the breach of trademark claim made by Innocent Drinks and reveals the timeline of events from starting the company, launching the product and applying for trademark protection.

West Sussex – Recent claims made by Fresh Trading Ltd, manufacturers of Innocent smoothies and majority-owned by The Coca Cola Company, regarding trademark infringement by Innocent Vitamins and Nutrition Ltd are refuted by the company’s founder, Mrs Dawn Reid. As pointed out to Fresh Trading’s lawyers, Fresh Trading does not have a trademark in Class 5 over the word ‘innocent’ in respect of vitamin supplements. It is noteworthy that Fresh Trading only applied for a trademark covering vitamins at the end of January 2011, five months after Innocent Vitamins’ children’s multivitamin was launched and available for sale.

Following substantial research into the children’s vitamin market, in June 2010 Mrs Reid launched Innocent Vitamins and Nutrition Ltd. She wanted to bring to market a multivitamin and mineral supplement that she was happy to give to her own children, completely free of any sugars, sweeteners or additives. This idea meant departing from the market norm which was to produce chewable vitamins for children that often contain additives, sugars, artificial sweeteners, bulking and gelling agents.

The name chosen – Innocent Vitamins - reflects the absence of additives and communicates the nature of the product and the choice of name was, itself, entirely innocent. The use of a common English word like ‘innocent’ has been adopted by numerous brand owners and attracts limited trademark protection as it is used to describe a product of unadulterated nature.

The adoption by Fresh Trading of the common word ‘innocent’ does not give it a monopoly in relation to goods outside those for which it has sought and obtained trademark protection. As pointed out to Fresh Trading’s lawyers, their recent application for a trademark in Class 5 covering vitamins has all the appearance of a business which regrets that it did not seek trademark protection in relation to vitamin products, and has now identified a product which might prevent it from diversifying into that field. It is Innocent Vitamins’ opinion that Fresh Trading now seems to be claiming infringement unfairly in order to remove this obstacle to their possible future business plans.

Innocent Vitamins and Nutrition has filed its own trademark application in order to recognise the rights it has already acquired under common law. Fresh Trading’s lawyers wrote to Innocent Vitamins and Nutrition on 14 Feb 2011, just two weeks after Fresh Trading had applied for a Class 5 trademark in relation to vitamins, claiming trademark infringement on a trademark that Fresh Trading has not been granted.

Innocent Vitamins maintains its position that there is no confusion, or likelihood of confusion, with Innocent smoothies. Both the point of sale packaging and http://www.innocentvitamins.co.uk make it abundantly clear that the product was developed by Mrs Reid, inspired by her two children as depicted in photographs on the product packaging, the company website and advertising. Smoothie drinks and vitamin supplements in a capsule form are two distinctly different products.

It is worth noting that in the UK and EU, there are many brand owners using the word ‘innocent’ as listed by the Intellectual Property Office http://www.ipo.gov.uk for the UK and http://www.oami.europa.eu for European trademarks.

“I genuinely believe that my company can peacefully coexist with Innocent smoothies, and I would be delighted to meet up with them as we have already offered,” stated Mrs Reid. “My aim has always been to bring a healthy, sugar and additive free vitamin supplement to market and I am delighted with the positive response I have received from parents, shop owners and, most importantly, children.

“Innocent Vitamins and Nutrition Ltd has not been notified of any court proceedings by Fresh Trading Ltd, nor is it the wish of Innocent Vitamins to enter into court proceedings. We look forward to existing harmoniously with Fresh Trading Ltd for many years to come and wish them every success with their business.”

About Innocent Vitamins and Nutrition Ltd

The company was launched in June 2010 by Mrs Dawn Reid to provide a healthy, sugar and additive free multivitamin with minerals for children. The product, suitable for vegetarians and vegans, is available online through its website http://www.innocentvitamins.co.uk, selected supermarkets and independent health stores.

For more information, please contact:

Mrs Dawn Reid (Mother and Managing Director)
Innocent Vitamins and Nutrition Ltd
Camden Orchard
Lewes Road
East Grinstead
West Sussex RH19 3TA

01342 311838
hello@innocentvitamins.co.uk
http://www.innocentvitamins.co.uk
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