Lawstreet Journal

Delhi High Court restrains use of Red Horse mark in trademark suit by Red Bull [READ ORDER]

Lawstreet Journal 21 May 2021 3:54pm

Image courtesy: Lawstreet Journal Business Delhi High Court restrains use of Red Horse mark in trademark suit by Red Bull [READ ORDER]

Red Bull has built a prima facie case in its favour, according to the Court, which issued the order against Bakewell Biscuits.

The Delhi High Court has barred Bakewell Biscuits from using the "Red Horse" logos or any other deceptively or confusingly identical label on any products, including candy and confectionery pieces, in a trademark infringement suit brought by Red Bull. Justice Sanjeev Narula presided over a single-judge bench that issued the order.

Red Bull was represented by Anirudh Bakhru, Abhishek Singh, Himanshu Deora, and Shashwat Rakshit. 

 

"Till the next date of hearing, the Defendant, its Director, partners, principals, employees, agents, distributors, franchisees, representatives, assigns and all those connected with it in its business are restrained from using the impugned marks or any other mark, device, logo, domain name or trade name which are deceptively or confusingly similar to the Plaintiff’s registered trademarks - RED BULL...in respect of any goods inter alia candy and confectionary items or in any manner whatsoever without the permission, consent, or licence of the Plaintiff thereby causing infringement or passing of the Plaintiffs aforenoted trademarks," the order said.

Since Red Bull sued Bakewell Biscuits (defendant) for using the “Red Horse” and Blue/Silver Trapezoid Red Horse Label, an ex parte injunction was issued. Procedural law governing civil suits in India allows courts to grant injunctions without hearing the other side – also known as ex-parte injunctions. Ex-parte injunctions are usually worded, so that they operate only till the next date of hearing at which the… Continue Reading...


Tagged: Trademark Infringement  
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