Brands RED BULL baits RED BAT and BULLDOG
It was one hoof forward and one hoof back for the famous bovine energy drink when it went into the ring with RED BAT and BULLDOG drink trade marks in the UK and Sweden. But can you guess who won?
The Court of Justice in Amsterdam has in a pronouncement of 2 February 2010 declared that The Bulldog must stop with sale of its house mark The bulldog Energy-Drink in the Benelux, since The bulldog with its energy-drink would make violation on the mark registration of RedBull. It is remarkable that several judges in earlier lawsuits have determined that there are insufficient similarities used between both marks (The bulldog a dog on packaging and a bull on RedBull packaging. The style and design of packing are totally not resembling. Also it has been concluded at an earlier stage that by no means an advantage has gained or harm has done to the distinctive capacity or reputation of the mark RedBull.
Largest quarrel point in this new pronouncement seems the fact that The Bulldog would hitch-hike on the success of RedBull, because the general public views any energy drink as similar to Red Bull. This involves in fact that no one other energy drink can be sold beside RedBull. Because each energy drink would hitch-hike on the success of RedBull, just like each Cola manufacturer profits on the success of Coca-Cola and every rum in this manner profits on the success of Bacardi!
Paculiar in this trademark dispute is that The Bulldog exists almost 35 years, whereas RedBull operates on the Dutch market only since 1995. The bulldog, not known as follower, rather a trendsetter, has reacted with bewilderment but do not yet feel themselves defeated. Especially because according to several lawyers, during the lawsuit, obvious procedure mistakes have been made. The case is still open against the pronouncement with cassation and nothing is definite at this time.
Even so, The Bulldog, has been instructed in the recent pronouncement, to oblige with its destroying of all stock The Bulldog Energy-Drink and if it is up to Red Bull to reach deep in the pockets to compensate financially for damage done to RedBull.§
According to owner Henk de Vries: “This does not feel good, wrongfully accused even. We have more often stood against a power grabs. Even being righteous, we have nevertheless lost a battle…..but this war is not yet fought!
Red Bull beats Red Bat in Swedish court
Austrian energy drink maker Red Bull has won a legal battle with a Swedish drinks rival after it began selling a product called Red Bat.Stockholm Commercial Court judges today (Tues) ordered Swedish drinks distributor SM Group to stop supplying its drink in the country after ruling the design and colour of its logo – a bat – strongly resembled the Salzburg company’s product.
Bullshit">TTAB Calls Red Bull Appeal Bullshit
The Trademark Trial and Appeal Board (“TTAB”) at the PTO affirmed the examining attorney’s Refusal to register Red Bull’s mark BULLSHIT for alcoholic beverages, catering, hotels, and other goods, on the grounds that the term “bullshit” is scandalous. Under Section 2(a) of the Trademark Act, words that are offensive to a substantial composite to the general public are not registerable on the Principal Register.
In refusing registration, the examining attorney had relied on In re Tinseltown, 212 USPQ 863, a case decided almost 25 years earlier, in which the TTAB came to a similar conclusion for the mark BULLSHIT as used for handbags and accessories. Red Bull appealed the examiner’s decision as so much crap.
In its appeal, Red Bull presented evidence that in the twenty years since the Tinseltown decision was rendered, community standards have changed. In support of its position, it offered evidence of a show by Penn & Teller: “Bullshit,” and a paper written by a Princeton professor, entitled “Bullshit.” The TTAB was not, well, moved.
Finally, it what can only be described as a truly creative last ditch effort, Red Bull argued that its use of BULLSHIT was an obvious play on that commonly known expression, “Bulls Hit.” Given that it offered no evidence that this expression was, well, an expression at all, the TTAB waded quickly through the argument.
And the new market challenger?
ReplyDeleteBlue Cow
This is a West Coast of the America brand and claims to have been first in the market.
The key ingredient in his drink is Suntheanine, a patented formulation based on L-theanine.
He hopes to start selling Blue Cow in the UK next year. With most people experiencing stress “at some point during the day”, he believes the market for his product could be huge.
“There are times when everybody could benefit from Blue Cow,” he said.