Apple Rush (Pink
Sheets: APRU), developer of a popular line of lightly carbonated, organic
juices, continues to be solicited by India media regarding Apple Rush's
dispute with PepsiCo. Robert Corr, CEO, said that he was contacted by the
Indian Times and the CNBC TV bureau in India regarding Pepsi's usurping his
established Apple Rush mark to promote one of its Tropicana Twister
beverage flavors in that nation.
"Pepsi's actions are unconscionable. When you have a Company
superseding your brand's introduction into a country it creates unnecessary
difficulties in that territory for the brand developer. This smacks of
typical Trade Show or Cyber poaching where a Company may discover a concept
or a great name and then use it freely as if it were their own, without
regard to the impact it may have on the owner and stock holders," remarks
Mr. Corr, "Pepsi seems to stop at nothing in their fight for market share,
which includes using our mark. They are using our Apple Rush name for a new
Tropicana Twister drink they are promoting in India. It does not get
anymore blatant than that. The word usurping, seems from this action,
synonymous with Pepsi."
Pepsi and Corr have been at odds for years in the Circuit Courts over
other issues (Robert Corr v. PepsiCo et al.) and Pepsi's lawyers have been
sued by Corr for malfeasance.
Mr. Corr continues: "Using our name in India is an insult to injury.
Our name is everything to us. Pepsi is diminishing our foothold overseas.
We are shipping Apple Rush to Guam, Israel and Puerto Rico among other
countries. The Indian people deserve the best. Pepsi's Tropicana Twister is
but another sugary drink, now under the guise of Apple Rush, which is a
healthy drink made with 100% Organic Apple Juices. Totally contrary to what
Pepsi is promoting. I wonder if their new CEO, Indra Nooyi, who ironically
is from India, is aware of the actions down line from her. In a recent Time
Magazine article (May 12, 2008), she professed her aspirations to build a
company that is socially responsible. She wants to build a company that is
committed to its people and the world. However, it appears as though this
may be at the expense of ethical conduct, if in fact she's aware of Pepsi's
actions in her home country. It looks as if Pepsi is conditional with their
altruistic goals".
APPLE RUSH: Apple Rush Company, Inc. is the producer of 100%
Organic juice beverages sold under the slogan: "Enjoy your 'Apple a Day'
the Organic Way." The Company markets its products through an extensive
distribution network of approximately 40 distributors throughout the U.S.
and in foreign markets. The Company's flagship product of lightly
carbonated Organic Apple Rush(TM) sparkling beverages currently has six
mainstream flavors in glass bottles. The line will be available in cans
this summer.
SOURCE Apple Rush