Red Bull GmbH, the Austrian-based manufacturer of the energy drink of the same name, has been successful in trade mark infringement proceedings against its UK-based rival, Sun Mark.

Sun Mark’s name for its energy drink ‘Bullet’ was deemed by the UK High Court to be confusingly similar to Red Bull’s ‘Bullit’ trade mark. The Court held that Red Bull’s rights in the marks ‘Bullit’ and ‘Red Bull’ had been infringed by the rival food and beverage producer, as there was a ‘clear likelihood of confusion’ between the brands. Red Bull was also successful in preventing Sun Mark from advertising its drink using the slogan ‘No Bull in this Can’. The Court found that the slogan amounted to unfair use as it was an attempt to trade on the fame of the Red Bull product and profit from its goodwill.

Following the decision, Red Bull announced that it ‘believes strongly in its IP rights and makes legitimate use of them in order to protect its brand value and to safeguard the company’s assets.’ Representatives for Red Bull stated that “free-riding on someone else’s marketing strategy and investment will ultimately prove to be a false economy – as have discovered to their cost.’

Owners of strong brands can take comfort in this decision as it reaffirms the value of registered intellectual property. The level of protection afforded by intellectual property may be broader than one might expect where a mark carries a substantial reputation.  As such, an analysis of the circumstances on a case by case basis is required when selecting or seeking to enforce a trade mark.

Contributed by Leo Moore