Horny drink gets lawyers excited

City AM reports on an attempt by Red Bull to stop an energy drink called "Big Horn", on trade mark infringement grounds. Red Bull claimed that the Big Horn logo infringed their famous logo of two bulls butting heads, as well as the use of the blue and silver packaging.

It looks from this story that this may have been an application for summary judgment as City AM reports that Big Horn had reasonable prospects of defending the claim- indicating that this is a case which will now continue to trial, if not settled.

This is not the first time that the two brands clashed. Red Bull previously tried to stop the Big Horn logo from being registered as an EU trade mark, but their opposition was refused earlier this year.

Despite this set back, Red Bull will no doubt be deploying similar arguments in the current infringement claim. They will likely argue that the Big Horn logo is confusingly similar to their trade mark and takes unfair advantage of their famous brand.  

As for the blue and silver background- Red Bull will not be able to claim trade mark infringement. They had a trade mark for use of that colour combination, but it was struck down last year for lack of precision. Nevertheless, it is still open to Red Bull to argue that by using that colour combination, Big Horn are passing off (trading off Red Bull's goodwill).

Red Bull are well known for actively pursuing their intellectual property rights and have had some notable successes, some of which have helped to shape trade mark law, so we will be cracking open an energy drink and watching what happens next.