Aussie drink founders Gus and Max threatened with legal action by a $300 billion soft drink company

Gus MacDonald and friend Max never thought they’d have to face off with a huge $300 billion company after creating a two-ingredient caffeinated drink at his parents’ house.
The carbonated drink, which now has no name, is a healthier alternative to sugary energy drinks. It comprises just spring water and caffeine.
The boys went through the business of getting a trademark for their brand, which was approved.
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Legally, this publication cannot name the multi-national.
On Monday, MacDonald appeared on Sunrise, speaking about the David and Goliath story.

“It’s our first crack at business,” MacDonald said, admitting he was dumbfounded by the letter.
“We’re a team of two based in Melbourne. We wanted to make sure we did everything by book.
“We had a name, a design for our can, we submitted them to the trademarks office and had got them completely approved.
“Then, on the train home, I get a call from mum saying there’s a mysterious letter in the letterbox. It was a cease and desist sitting on the kitchen bench.
“It was an interesting family dinner that night opening that and reading that with mum and dad. It’s been a crazy few months to be honest.”

MacDonald explained he was “super intimidated” by the legal letter at first.
“(We are just) a little team of two sitting in our kitchen at home in Melbourne. There’s 300,000 of these people sprinkled around the globe,” MacDonald said.
He added he can’t afford the legal fight.
“We definitely can’t afford (a legal fight). As I said, two blokes with their pocket money here in Melbourne, going-up against this huge conglomerate. (We can’t do it).”
Despite the legal letter, MacDonald said the company’s mission remained unchanged.
“We want to provide a solution for those people who care enough to turn a drink around and read the ingredients on the back,” he said.
“Our ingredient list is tiny. That was the goal all along. It’s 100 per cent water and caffeine.”
The boys are now inviting Aussies to help rename the drink, on their website here.
Originally published on Sunrise
