Drinks giant Britvic has denied infringing the copyright of the owners of a glamping cabin who are suing it for thousands of pounds over its use of an image of the site to promote a competition.
Amanda and David Robinson, who run the Magic Mushroom Cabin on the grounds of their home in Dodford, Northamptonshire, are suing Britvic, which also makes Robinsons squash, Tango and other soft drinks.
Their lawyers claimed in High Court documents earlier this year that the company used an image of the site taken by Mrs Robinson in 2017 without permission to promote its competition to win a “unique summer hangout” last year, in what they described as a “flagrant” infringement of copyright.
In its defence to the claim, Britvic admitted using the photo to promote its competition, including on its competitions page, the J2O Amazon store, and in online and in-store advertising.
But barrister Laura Adde said that the Robinsons are “put to proof as to their alleged ownership of the copyright in the photograph” and that it was “not admitted that either claimant’s ‘authorisation’ was required” to use the image.
She said: “It is not admitted that the defendant has infringed the claimants’ copyright in the photograph as alleged or at all.
“Even were liability established, it is denied that either claimant would be entitled to the level of damages sought.”
Barrister John-Paul Tettmar-Saleh, for Mr and Mrs Robinson, previously said that the pair should be awarded around £6,500 in lost profits and further damages to represent the fee they would have charged Britvic for permission to use the image.
But Ms Adde said: “There is no causal link between the defendant’s acts and the profits which are alleged to have been ‘lost’ by the claimants.
“The defendant’s use of the photograph did not result in the cancellation of any bookings of the cabin, and the claimants are not entitled to claim for imaginary bookings.”
She added: “The claimants have failed to provide any particulars explaining how any profits generated by the competition would be attributable to the use of the photograph.”
Ms Adde also denied that the alleged breach of copyright was “flagrant”.
Britvic, based in Hemel Hempstead, also holds an exclusive licence with US partner PepsiCo to make and sell brands such as Pepsi, 7Up and Lipton Ice Tea in the UK.
A hearing in the claim is yet to take place.
