RED BULL TRADE MARK CASE

Red Bull has recently taken on another “bovine” in the form of an ox. A local brewery in Northern Virginia in the USA, the Old Ox Brewery, has received a letter of demand and is currently in litigation around the issue of whether it’s logo, slogan and name infringes Red Bulls registered trade mark.

Despite the local brewery stating that it will not produce and sell an energy drink, Red Bull is of the view that the similarity between the two products is to close.

The Old Ox Brewery’s company president believes that Red Bull is trying to monopolize the use of similar animals including cows, yaks, bison etc.

Red Bull has stated that an “Ox” and a “bull” both fall within the same class of animals and are virtually indistinguishable to most consumers.

One of the tests of whether a trade mark is infringing another trade mark is whether a member of the public would be confused into believing that the two products/ trade marks are connected.

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