After an infringement lawsuit by Red Bull, Bakewell Biscuits has restrained from officially using the Red Horse marks. This includes any other misleading similar mark of red bull in their any goods, and confectionery items.
Red Bull is an energy drink sold by Red Bull GmbH (complaint), an Australian company formed in 1987. Red Horse energy candy is from Bakewell biscuits (defendant), a 10-year-old Indian company formed by Mohammed Raish Suthar.
The Facts of the case are that complaint, Red Bull filed a plaint against the defendant i.e. Bakewell Biscuits Private Limited for infringement of its popular trademark
The main case before the court was whether the use of a trademark of Red Horse used by the defendant is an infringement of trademark or not.
The complaint reported to the court that being an internationally reputed and well-known manufacturer of energy drinks it had a trademark, where two bull of red color in fight behavior.
The Complainant was aggrieved with the offending use of Red Horse marks and Blue/Silver Trapezoid Red Horse Label, by Defendant. According to Red Bull, the marks are identical and slightly resemble to its prior, widely-known, Red Bull trademark.
Red Bull has been victorious in establishing a prima facie case in its favour.