Red Bull AG (the Plaintiff) is the proprietor of various highly distinctive 'RED BULL' marks used on energy drinks, bottled water and other non-alcoholic beverages. In India, RED BULL has been specifically recorded as a well-known trademark in the list of well-known trademarks maintained by the Trade Marks Registry [also available at "ipindiaonline.gov.in"]. The Plaintiff's trademarks i.e., the Double Bull Device and the Single Bull Device have been declared as well-known trademarks by the Delhi High Court in the case of Red Bull AG Vs. C. Eswari & Ors.1.
TRADEMARK PORTFOLIO OF THE PLAINTIFF
Red Bull holds a strong presence and an immense reputation/goodwill around the world including India, where they hold various trademark registration for its RED BULL marks. The details of various Red Bull marks which have attained registration status in India are listed in the table below:
RED BULL V. RED HORSE2
In the past, Red Bull has aggressively protected its brand name and its unique marks and has successfully fought through. The present case was no different. The Plaintiff was aggrieved by the use and adoption of the marks "Red Horse" and "Blue/Silver Trapezoid Red Horse Label", by Bakewell Biscuits Private Limited (the Defendant), which according to the Plaintiff, is identical and/or deceptively similar to Plaintiff's prior adopted, prior used, well-known and registered Red Bull marks. The Plaintiff has therefore filed this suit of infringement and passing off against the Defendant.
On May 18, 2021, the court observed that the Plaintiff was successful in establishing a prima facie case in its favour and accordingly granted an ex-parte ad-interim injunction against the Defendant, restraining the Defendant from using the "Red Horse Label" and/or any other same or deceptively similar mark to that of the Plaintiff's Red Bull marks.
Footnotes
1 CS (COMM) 1062/201
2 Red Bull AG v. Bakewell Biscuits Private Limited, CS(COMM) 227/2021
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