CUP: Robby Gordon Alters Logo On Energy Drink

Sprint Cup

CUP: Robby Gordon Alters Logo On Energy Drink

The dispute with Specialized bicycle company nears end for Robby Gordon...

Bob Pockrass | http://www.scenedaily.com | Posted December 10, 2010 Charlotte, NC

Robby Gordon's new energy drink will feature a different logo. (Photo: LAT Photographic)

Robby Gordon, involved in a legal battle with Specialized Bicycle Components, has altered the logo for his Speed Energy drink.

A settlement in the case is likely, according to court filings, and apparently will come with the alteration of the logo, which keeps the two diagonal orange bars of the original Speed Energy logo but does not include the connecting bar that made it look more like the letter S.

Specialized obtained an injunction in federal court last month to keep Gordon and Robby Gordon Motorsports from using his original logo on the new drink – which he is selling in order to fund his race team – after claiming that his logo looked too much like the one used by the bicycle company. The injunction was to go into effect once Specialized posted a $3 million bond to cover damages in the event it lost the lawsuit.

According to recent court filings, no bond has been posted. The two sides participated in mediation Nov. 23 and “are now working towards a potential settlement of this action.”

Also according to the court filings, Gordon had more than 2.4 million cans of the energy drink produced with the Speed logo and nearly 1.2 million are ready for sale. The company was committed to sell more than 1.8 million cans through previously negotiated distribution agreements.

The one-time production costs for those cans was more than $1.1 million.

“Without that sponsorship and the resulting revenue, … our NASCAR team would be devastated,” Gordon said in a court filing. “We would no longer be in a position to field cars and personnel at race events.”

Steve Nichols, Gordon’s attorney and partner in Speed Energy, said he could not yet comment on the proposed settlement.

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