Red Bull AG (the Plaintiff) is the proprietor of  various highly distinctive 'RED BULL' marks used  on energy drinks, bottled water and other non-alcoholic beverages. In India, RED BULL has been  specifically recorded as a well-known trademark in  the list of well-known trademarks maintained by the  Trade Marks Registry [also available at  ""]. The Plaintiff's trademarks  i.e., the Double Bull Device and the Single Bull  Device have been declared as well-known trademarks  by the Delhi High Court in the case of Red Bull AG  Vs. C. Eswari & Ors.1.


Red Bull holds a strong presence and an immense  reputation/goodwill around the world including  India, where they hold various trademark registration  for its RED BULL marks. The details of various Red  Bull marks which have attained registration status in  India are listed in the table below:




In the past, Red Bull has aggressively protected its  brand name and its unique marks and has successfully  fought through. The present case was no different.  The Plaintiff was aggrieved by the use and adoption  of the marks "Red Horse" and "Blue/Silver  Trapezoid Red Horse Label", by Bakewell Biscuits  Private Limited (the Defendant), which according to  the Plaintiff, is identical and/or deceptively similar  to Plaintiff's prior adopted, prior used, well-known  and registered Red Bull marks. The Plaintiff has  therefore filed this suit of infringement and passing  off against the Defendant.


On May 18, 2021, the court observed that the Plaintiff  was successful in establishing a prima facie case in  its favour and accordingly granted an ex-parte ad-interim injunction against the Defendant, restraining  the Defendant from using the "Red Horse Label"  and/or any other same or deceptively similar mark to  that of the Plaintiff's Red Bull marks.


1 CS (COMM) 1062/201

2 Red Bull AG v. Bakewell Biscuits Private Limited, CS(COMM) 227/2021

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