Red Bull GmbH v Big Horn UK Ltd & Ors

Red Bull GmbH v Big Horn UK Ltd & Ors

Big Horn’s use of signs visually and conceptually similar to Red Bull’s trade marks on identical goods took unfair advantage of the distinctive character and reputation of Red Bull’s marks, constituting infringement under Article 9(2)(c) EUTMR. Mr Enchev, as the sole director and controlling mind of Big Horn, is jointly liable as a tortfeasor.

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
Intellectual Property Trade Mark Infringement / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Trade Mark Infringement, Joint Tortfeasorship, EU Trade Mark Regulation
Intellectual Property Trade Mark Infringement Joint Tortfeasorship EU Trade Mark Regulation

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

Intellectual Property Trade Mark Infringement / Judgment After Trial

Legal Issues

  1. 1 Whether the disputed Big Horn signs are similar to Red Bull trade marks and give rise to a likelihood of confusion under Article 9(2)(b) EUTMR
  2. 2 Whether the disputed signs take unfair advantage of the distinctive character or reputation of Red Bull trade marks under Article 9(2)(c) EUTMR
  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 on identical goods took unfair advantage of the distinctive character and reputation of Red Bull’s marks, constituting infringement under Article 9(2)(c) EUTMR. Mr Enchev, as the sole director and controlling mind of Big Horn, is jointly liable as a tortfeasor.

Court Disposition

Claim allowed

Orders

  • Declaration of infringement under Article 9(2)(c) EUTMR and Regulation 207/2009 as amended
  • Permission to amend Particulars of Claim to refer to Regulation 207/2009 as amended