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Synopsis

The Delhi High Court has decreed in favor of Red Bull in a trademark dispute against entities 'Rohidas Popat Kapadnis' and 'Blue Marine Bottling Company.' The suit alleged that the defendants were manufacturing and marketing an energy drink named 'SEVEN HOURS,' using an identical silver and blue color combination, which is a registered trademark of Red Bull.

Red Bull, a renowned energy drink brand, claimed that it had adopted the mark 'RED BULL' in 1982 and launched the 'RED BULL' energy drink in India in 2000. Additionally, it asserted that the blue and silver color combination used in its products was registered in several countries, including India.

Advocate Anirudh Bakhru, representing Red Bull, informed the court that the color combination had been protected by courts on multiple occasions.

On August 1, 2023, the court granted an ad-interim injunction in favor of Red Bull, restraining the defendants from manufacturing 'SEVEN HOURS' energy drinks in packaging with a blue and silver color combination resembling Red Bull's products.

The bench noted, "Insofar as the unfilled cans which are now to be disposed of are concerned, the time for disposing of the same is given till 31st January, 2024. Any goods which are not disposed of by 31st January, 2024, shall be destroyed by the Defendants."

As a consequence of the court's order, the infringing products were seized by a court-appointed Local Commissioner. In the recent judgment, Justice Prathiba M. Singh directed the defendants to dispose of these seized products during the usual course of business, subject to the payment of monetary damages amounting to Rs. 13 lakhs to Red Bull.

Furthermore, the court ordered that the defendants refrain from selling any additional products under the infringing mark/label, except for those seized by the Local Commissioner.

Case Title: RED BULL AG VS. ROHIDAS POPAT KAPADNIS & ANR.