12 Feb 2010
FRUCOR BEVERAGES LIMITED V RED BULL GMBH AND ANOR HC AK CIV 2009-404-006525
- Citation
- openlaw-061df4e2_11a2_40b5_9ec2_e9d1784c1d2e.pdf
- Court
- High Court
The court held Frucor had not established a serious question to be tried in passing off because it lacked reputation/goodwill in POCKET ROCKET at the relevant date when the defendants first used the phrase. Although Frucor had an arguable s9 claim in principle (Magellan reasoning acknowledged), it failed on the evidence to show defendants' use of 'A BLUE AND SILVER POCKET ROCKET' in promotional material was misleading or likely to mislead a reasonable section of consumers; there was no evidence of confusion, the phrases were used alongside distinctive branding, and the balance of convenience…