Red Bull GmbH v. TBI The Bay Investment Co Ltd

Red Bull GmbH

Case details

Plaintiff: Red Bull GmbH

Case no.: O/155/02

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 04 Apr, 2002


The opposition was based on the opponents’ marks RED BULL and other BULL marks. Under Section 5(2)(b) the Hearing Officer selected the opponents’ RED BULL registrations and a CTM registration of BULL. He found that the opponents’ marks were distinctive and they had a reputation in them. Nevertheless, he considered that the HEREFORD element in the applicants’ mark established a difference that made confusion unlikely. The Section 5(2)(b) objection failed. Under Section 5(3) the Hearing Officer considered that the opponents’ had no better a case than they had under Section 5(2). The Section 5(4)(a) objection also failed, and the absence of any likelihood of confusion decided the matter under Section 56 also. The allegation of bad faith under Section 3(6) was not upheld.

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