Delhi High Court restrains use of Red Horse mark in trademark suit by Red Bull

In a trademark infringement suit by Red Bull, the Delhi High Court has restrained Bakewell Biscuits from unauthorizedly using the "Red Horse" marks or any other deceptively or confusingly similar mark with respect to any goods including candy and confectionery items. .The order was passed by a single-judge Bench of Justice Sanjeev Narula."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. .The ex parte order was passed after Red Bull approached court against Bakewell Biscuits (defendant) using “Red Horse” and Blue/Silver Trapezoid Red Horse Label. Red Bull claimed that the mark was identical and/or deceptively similar to its prior, well-known and registered Red Bull marks..It submitted that the impugned mark had two animals in charging position with a yellow backdrop/ sun disk, with font, stylization and colour combination identical to the RED BULL marks..The Court was informed that Red Bull was a company organized and incorporated under the laws of Switzerland, and is a well-known manufacturer and marketer of energy drinks..In India, trademark “RED BULL” was specifically recorded as a well-known trademark in the list of well-known marks maintained by the Trade Marks Registry, it was added. .Red Bull inter alia also claimed that in spite of a cease-and-desist notice, no action as taken by the defendant..In view of the submissions, the Court opined that Red Bull has established a prima facie case in its favour. ."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. .The Court proceeded to list the matter for framing of issues on September 1. .Advocate Anirudh Bakhru with Advocates Abhishek Singh, Himanshu Deora, Shashwat Rakshit appeared for Red Bull. .[Read Order]