Red Bull GmbH v Big Horn UK Ltd & Ors [2020] EWHC 124 (Ch) (30 January 2020)

Red Bull GmbH v Big Horn UK Ltd & Ors [2020] EWHC 124 (Ch) (30 January 2020)

Big Horn's use of signs visually and conceptually similar to Red Bull's trade marks for identical goods took unfair advantage of the distinctive character and reputation of Red Bull's marks, infringing Article 9(2)(c); Mr Enchev is personally liable as a joint tortfeasor due to his controlling role and active cooperation.

Citation
[2020] EWHC 124 (Ch)
Parties
Claimant: Red Bull GmbH; First Defendant: Big Horn UK Limited; Second Defendant: Voltino EOOD; Third Defendant: Lyubomir Enchev
Jurisdiction
England and Wales
Judgment Date
30 January 2020
Procedural Posture
Trade Mark Infringement / Final Judgment After Trial
Outcome
Claim upheld
Legal Topics
EU Trade Mark Infringement, Likelihood of Confusion, Unfair Advantage, Joint Tortfeasorship
Intellectual Property Commercial Law EU Trade Mark Infringement Likelihood of Confusion Unfair Advantage Joint Tortfeasorship

Case Brief

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Parties

Red Bull GmbH

Claimant

Big Horn UK Limited

First Defendant

Voltino EOOD

Second Defendant

Lyubomir Enchev

Third Defendant

Procedural Posture

Trade Mark Infringement / Final Judgment After Trial

Legal Issues

  1. 1 Whether Big Horn signs are similar to Red Bull trade marks and used on similar goods, giving rise to likelihood of confusion under Article 9(2)(b)
  2. 2 Whether Big Horn signs give rise to a link and unfair advantage under Article 9(2)(c)
  3. 3 Whether Mr Enchev is personally liable as a joint tortfeasor

Ratio Decidendi

Big Horn's use of signs visually and conceptually similar to Red Bull's trade marks for identical goods took unfair advantage of the distinctive character and reputation of Red Bull's marks, infringing Article 9(2)(c); Mr Enchev is personally liable as a joint tortfeasor due to his controlling role and active cooperation.

Court Disposition

Claim upheld

Orders

  • Big Horn and Mr Enchev found liable for infringement under Article 9(2)(c)
  • Permission granted to amend Particulars of Claim to refer to Regulation 207/2009 as amended