A MERE COINCIDENCE OR A PLANNED DECEPTION : RED BULL AG VS BAKEWELL BISCUITS PRIVATE LIMITED
The energy drink brand RED BULL AG (hereinafter, Plaintiff) had filed a trademark infringement suit against BAKEWELL BISCUITS PRIVATE LIMITED (hereinafter, Defendant) for using ‘Red Horse’ marks and Blue/Silver Trapezoid Red Horse Label or any other deceptively or confusingly similar mark with respect to any goods including candy and confectionery items.
The Plaintiff stated that the Defendant’s mark was identical and/or deceptively similar to its prior, well-known and registered ‘RED BULL’ marks (shown below).
"Mr. Anirudh Bakhru, learned counsel for the Plaintiff submits that the impugned marks, are mala fide copy and offending use of the Plaintiff’s mark. The Defendant has adopted an identical and/or deceptively similar mark Red Horse and Red Horse Label incorporating the Blue/Silver Trapezoid Device and the device of two animals in charging position with a yellow backdrop/ sun disk. The font, stylization and colour combination of the impugned marks is identical to the Plaintiff’s RED BULL marks." as represented above.
It was further submitted that the marks "Red Horse" and Blue/Silver Trapezoid Red Horse Label of the Defendant is identical and/or deceptively similar to the Plaintiff’s prior, well-known and registered Red Bull marks.
HON’BLE MR. JUSTICE SANJEEV NARULA accepted the assertions of the Plaintiff and restrained the Defendant, its Director, partners, principals, employees, agents, distributors, franchisees, representatives, assigns and all those connected with it in its business from using the impugned marks which are deceptively or confusingly similar to the Plaintiff’s registered trademarks without the permission, consent, or licence of the Plaintiff thereby causing infringement or passing of the trademarks.