Red Bull GmbH v. Javier Abollado Bris

Red Bull GmbH

Case details

Plaintiff: Red Bull GmbH

Defendant: Javier Abollado Bris

Case no.: R2479/2010-2

Jurisdiction: European Union

Industry: Food and Drink

Decision date: 13 Feb, 2012

Subject matter: Coexistence of trade marksConceptual similarityDistinctive elementIdentity of goods and servicesLikelihood of confusionPhonetic similarityReputationSimilarity of the signsUnfair advantageVisual similarity

Decision

Suspension request (due to parallel cancellation proceedings against 3 of the 4 earlier marks) and second round request rejected. In view of the (at least) average reputation of the earlier mark in Austria for energy drinks in Class 32, the overall similarity between the signs and the fact that the contested sign contains a translation of the earlier marks’ verbal element, as well as the identity and/or the proximity, and/or close connection of the relevant goods in Classes 29, 30, 32 and part of the goods and services in Classes 31 and 35, the relevant public would naturally be led to immediately establish a mental link between the signs. Although the remaining contested goods and services in Classes 31 and 35 do not appear to be directly and immediately linked with the opponent’s reputed goods, there can be a certain connection between them that could enable the relevant public to establish a mental link between the signs. Even if the bull (per se) is one of the symbols of Spain, and even if the consumer may associate with Spain the contested sign’s colours of red and yellow, as the applicant suggested, this possibility cannot be accepted as a valid due cause.

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Comparison of Trademarks

RED BULL

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