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Delhi High Court restrains use of Red Horse mark in trademark suit by Red Bull [READ ORDER]

Trademark Infringement

Red Bull has built a prima facie case in its favour, according to the Court, which issued the order against Bakewell Biscuits.

The Delhi High Court has barred Bakewell Biscuits from using the "Red Horse" logos or any other deceptively or confusingly identical label on any products, including candy and confectionery pieces, in a trademark infringement suit brought by Red Bull. Justice Sanjeev Narula presided over a single-judge bench that issued the order.

Red Bull was represented by Anirudh Bakhru, Abhishek Singh, Himanshu Deora, and Shashwat Rakshit. 

 

"Till the next date of hearing, the Defendant, its Director, partners, principals, employees, agents, distributors, franchisees, representatives, assigns and all those connected with it in its business are restrained from using the impugned marks or any other mark, device, logo, domain name or trade name which are deceptively or confusingly similar to the Plaintiff’s registered trademarks - RED BULL...in respect of any goods inter alia candy and confectionary items or in any manner whatsoever without the permission, consent, or licence of the Plaintiff thereby causing infringement or passing of the Plaintiffs aforenoted trademarks," the order said.

Since Red Bull sued Bakewell Biscuits (defendant) for using the “Red Horse” and Blue/Silver Trapezoid Red Horse Label, an ex parte injunction was issued. Procedural law governing civil suits in India allows courts to grant injunctions without hearing the other side – also known as ex-parte injunctions. Ex-parte injunctions are usually worded, so that they operate only till the next date of hearing at which the defendant is given an opportunity to present its case.

Red Bull argued that the mark was equivalent to and/or deceptively similar to the previous, well-known, and registered Red Bull trademarks.

It said that the contested symbol featured two charging animals against a yellow backdrop/sun disc, with the same font, stylization, and colour scheme as the RED BULL labels.

The Court was told that Red Bull is a well-known producer and marketer of energy drinks that is organised and incorporated under Foreign laws.

It was added to the list of well-known trademarks held by the Trade Marks Registry in India that the trademark "RED BULL" was explicitly registered as a well-known trademark.

Red Bull further alleged that after receiving a cease-and-desist letter, the defendant took no action.

The Court concluded that Red Bull has built a prima facie argument in its favour based on the submissions.

"The balance of convenience also lies in favour of the Plaintiff and irreparable loss would be caused to the Plaintiff, in case ex-parte interim injunction is not granted," the Court opined.

On (September 1 2021), the Court scheduled the matter for issue framing.

 

[READ ORDER] 

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