The Brand SEVEN HOURS using the branding similar to RED BULL’S allowed to dispose of the allready produced cans subjected to the payment of Rs.13 Lakhs to Red Bull: HIGH COURT OF DELHI
Title: RED BULL AG V ROHIDAS POPAT KAPADNIS & ANR.
CS(COMM) 512/2023 & I.A. 20372/2023
Decided on: 16/10/2023
Coram: Hon’ble Ms. Justice Pratibha M. Singh
Introduction:
In the present case, Plaintiff is the energy drink company RED BULL, aggrieved by the Defendant’s adoption of an identical silver and blue colour combination for identical energy drinks. The Defendants are manufacturing and marketing the said energy drink under the mark ‘SEVEN HOURS’.
Facts:
The dispute is regarding the use of the silver and blue colour combination by the defendant for their identical energy drinks. The defendant is manufacturing and marketing the said energy drink under the mark ‘SEVEN HOURS’. Mr. Anirudh Bakhru, the plaintiff’s counsel submitted that in past, the colour combination of blue and silver for energy drinks has been protected by the courts in various orders. The marks of the plaintiff include ‘RED BULL’, ‘BULL’ , the double BULL device, single BULL device as also the blue and silver colour combination in a trapezial design. The case of the plaintiff is that the blue and silver colour combination in the distinctive layout and arrangement is exclusively associated with the plaintiff.
On the same case previously an ex parte injunction was granted on 1st August, 2023 and a Local Commissioner was also appointed directing seizure and defendant was told to deposit Rs. 3 Lakhs to Registrar general of the court. The Defendants have moved this present application for further consideration. It is the submission of the Defendants that unfilled cans are also quite expensive and the Defendants have been selling these products since 2021.
Court’s Analysis and Judgement:
The Court sated that the defendant has been using the cans for last 2 years so they can be given the permission to fill the unfilled cans and sell the same, during usual course of business, But this approval is subjected to the condition of paying Rs.10 Lakhs addition to the previous Rs.3 Lakhs to the plaintiff for the loss faced by them.
After this no further products shall be sold by the Defendants under the infringing marks and labels except the filled and unfilled cans which were seized by the Local Commissioner. The unfilled cans which have been seized, shall be released in favour of the Defendants, which were given to them on superdari basis, in the presence of a representative of the Plaintiff. Further the court held that Defendant’s trademark applications bearing nos. 5683132 and 5598032 shall stand withdrawn. The Registrar of Trademarks shall reflect the same on its website within four weeks from receipt of the order.
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Written By : Sushant Kumar Sharma