The US District Court for the Southern District of Florida issued a ban on the sale of Impulse's products that bear a shark insignia similar to Osotspa's Shark energy drink. The injunction essentially shuts down Impulse's operations until it repackages its cans and trucks and develops a new ad campaign.
Osotspa's lawyer, Craig Cardon, a partner at Sheppard, Mullin, Richter & Hampton, said: "The Shark drinks may now compete in the US market without competing against an attempted misappropriation of its own brand."
Traditionally Shark, a high-octane drink, was sold in small medicine bottle-type containers and was mainly bought by Thai labourers. The company changed its packaging to target the global youth market. The shark pictogram incorporates the name and image in one, creating an easily recognised brand - whatever the local language. In Thailand, Osotspa has a 42 per cent share of the market with its M-150 and M-100 brands. It has also ventured into niche markets with Hang, a hangover reliever, and MMAX, a carbonated energy drink.