If you're curious about how you can equally get your competitor's social media data just as easily, let me walk you through the steps I took when doing this competitive analysis using Socialinsider. You see, there is a very thin line separating clever and notorious. And the same works for marketing as well. A clever deceptive marketing tactic may enable a brand to take off, but in the end, if customers catch it, you won't be spared! Because ultimately, the customer is the only real boss. And as Milton Hershey quotes --

Red Bull's social media strategy is inspired by and in sync with the brand's motto - "Red Bull gives you wings". Starting in 2003, JDB invested heavily in placing Wang Lao Ji commercials on television channels during prime time, and the red can herbal tea became famous in China. This cookie is used by LinkedIn Ads to help dunnhumby measure advertising performance. More information can be found in their cookie policy. Okay, if this was just a metaphor, where was the deception part? Under what grounds was the suit filed? And who filed it? Well, let's explore. Benjamin Careathers v. Red Bull North America, Inc.Both the Beijing High Court (on 25 November 2019) and the SPC on appeal (on 21 December 2020) rejected Red Bull China's arguments and claims.

As for some strategy insights that got Red Bull's nowadays, the main takeaways would be the followings:

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Further, it is possible to stipulate that another sign belonging to the licensee may be used together with the licensed trademark. In such cases, at the end of the licence agreement, the licensee may continue to use its own trademark, which has benefited from the promotion during the life of the agreement. This may arise in situations where the licensee has a stronger position in the negotiations with the trademark owner. In 1998, Hung To set up a wholly owned subsidiary called Dongguan Jia Duo Bao Drink & Food Co, Ltd (JDB), which carried on the production and sale of the herbal tea using the red can. By the way, if you're aware, you would have known that Red Bull has been famous (or infamous, depends) for its widely popular advertisement -- "Red Bull gives you wings." And that's our matter of discussion today. The advertisement - a metaphor or a deception? Thanks to a clever marketing strategy, Red Bull became the leading brand in its industry and gained a tremendous community on all the major social media platforms.

He claimed Red Bull violated the Quebec Consumer Protection Act by claiming it was more effective than a lower-priced offering, like a cup of coffee. Other energy drink companies have also been the target of lawsuits: In 2012, a class action lawsuit was filed against Monster Beverage Corporation for engaging in deceptive advertising and marketing to children. (That case is still in progress, but many of its claims were dismissed in 2016.) The application was an attempt to restrain PepsiCo from using the tagline “STIMULATES MIND. ENERGIZES BODY.” in relation to Pepsi’s energy drink “STING”, which according to Red Bull was deceptively similar to their aforesaid trademarked tagline.

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The SPC held, without further explanation, that it would be "unfair and maybe detrimental to the public interest" if the red can design was awarded to either side. Therefore, the SPC declared that both parties were entitled to use the red can design and dismissed both claims. The cookie is set by the GDPR Cookie Consent plugin and is used to store the yes/no selection the consent given for cookie usage. It does not store any personal data.