Trademark Infringement: Red Bull Overrides Red Horse
Recently in the case of Red Bull AG v. Bakewell Biscuits Private Limited, the Delhi High Court granted an ex parte ad interim injunction restraining the Defendant from using the mark “Red Horse” (the “impugned mark”) or any other identical/deceptively similar or confusing mark as that of the Plaintiff’s well-known mark “Red Bull”.
The Plaintiff alleged that the Defendant adopted a deceptively similar mark to the “Red Bull” mark, logo depicting the two bulls facing one another and the silver trapezoid placed on the packaging of the product.
Upon perusal of the marks, it is evident that the Defendant adopted an identical/deceptively similar mark and replaced the bulls with horses. While the Plaintiff is in the business of selling energy drinks worldwide, it was observed that the Defendant was using the impugned mark for selling “energy candies” and other confectionery items. Further, the Plaintiff alleged that the Defendant’s use of the mark was mala fide and offending. The Plaintiff also found that the Defendant had prominently displayed the impugned mark on their website www.bakewellbiscuits.co.in.
The Court found that a prima facie case was made out in favour of the Plaintiff and accordingly issued an ex parte order. Through this decision, the Court has once again asserted that blatant infringement of well-known marks shall be strongly condemned.