Plaintiff: Red Bull GmbH
Defendant: TBI The Bay Investment Co Ltd
Case no.: O/155/02
Jurisdiction: United Kingdom
Industry: Food and Drink
Decision date: 04 Apr, 2002
Subject matter: Likelihood of confusionBad FaithPhonetic similarity
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.
RED BULL
HEREFORD BULL
