Click Frenzy in legal threat to block Kogan spoiler stunt

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By Steven Raeburn, N/A

November 19, 2013 | 3 min read

With only four hours to go before Click Frenzy’s second online sales event launches, news has emerged that the retailer has initiated legal proceedings against rival brand Kogan’s attempt to pre-empt the event with its own online sales stunt.

Ruslan Kogan

Grant Arnott of Click Frenzy said that it believed Kogan had violated a protected trade mark, and had raised cease and desist proceedings against Kogan.

Kogan’s event began at 7.00am today, 12 hours ahead of the Click Frenzy launch.

"We have seen a huge increase in rival events, which is disappointing considering the risks we take to create this for Australian retailers,"Arnott said.

"I suppose in a way it is a backhanded compliment for our event."

Update:

Kogan has declined to confirm that it has received a cease and desist letter from Click Frenzy, but has provided the following statement to The Drum:

"We congratulate Click Frenzy on achieving a registered trademark over the words Click Frenzy. While this is certainly a laudable achievement, we do question whether the registration of this trademark grants a monopoly to Click Frenzy over online frenzies, clicking or any other form of sale activity.

"In our view, no one person or company should be able to monopolise either frenzies or clicking. It is a basic right of online shoppers to click frenziedly, when seeking to take advantage of a hot online deal, and all online retailers should be free to offer awesome deals at any time of their choosing.

"If Click Frenzy is truly an organisation devoted to establishing a day of awesome online sales, then they should be happy that Kogan is offering great deals right now. Unfortunately, the fact that Click Frenzy is upset with Kogan's offers seems to imply that Click Frenzy cares more about profiting from an Online Sales Day than it does about ensuring shoppers get the best deals possible.

"An Online Sales Day should be an organically generated event, like Boxing Day Sales, where all online retailers independently decide to promote awesome offers. Awesome deals generate frenzied clicking, and not the other way around.”

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