Red Bull GmbH v Sun Mark Ltd & Anor

Red Bull GmbH v Sun Mark Ltd & Anor

Defendants infringed IR 389 and IR 548 by use of BULLET and the CTM by use of NO BULL IN THIS CAN; Red Bull did not act in bad faith; EU-wide injunction and disclosure orders are appropriate; no stay pending appeal or revocation; publicity order limited to websites; costs awarded to Red Bull without deduction.

Parties
Claimant: Red Bull GmbH; Defendant: Sun Mark Limited; Defendant: Sea Air & Land Forwarding Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2012
Procedural Posture
Intellectual Property Infringement / Post Judgment Order Determination
Outcome
Declarations of infringement granted; EU-wide injunction granted; certificate of contested validity granted; stay pending appeal and revocation refused; disclosure and publicity orders granted; costs awarded to Red Bull.
Legal Topics
Trade Mark Infringement, Community Trade Mark, Bad Faith Registration, Revocation for Non Use, Disclosure Orders, Publicity Orders, Costs
Intellectual Property Commercial Law Trade Mark Infringement Community Trade Mark Bad Faith Registration Revocation for Non Use Disclosure Orders Publicity Orders +1 more

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Parties

Red Bull GmbH

Claimant

Sun Mark Limited

Defendant

Sea Air & Land Forwarding Limited

Defendant

Procedural Posture

Intellectual Property Infringement / Post Judgment Order Determination

Legal Issues

  1. 1 Whether the defendants infringed IR 389, IR 548, and the CTM by use of BULLET and NO BULL IN THIS CAN
  2. 2 Whether Red Bull acted in bad faith in requesting protection for IR 389 and IR 548
  3. 3 Whether a stay should be granted pending appeal or revocation applications

Ratio Decidendi

Defendants infringed IR 389 and IR 548 by use of BULLET and the CTM by use of NO BULL IN THIS CAN; Red Bull did not act in bad faith; EU-wide injunction and disclosure orders are appropriate; no stay pending appeal or revocation; publicity order limited to websites; costs awarded to Red Bull without deduction.

Court Disposition

Declarations of infringement granted; EU-wide injunction granted; certificate of contested validity granted; stay pending appeal and revocation refused; disclosure and publicity orders granted; costs awarded to Red Bull.

Orders

  • Declarations reflecting findings of infringement
  • Recital of withdrawal of CTM infringement allegation regarding BULLET