On May 18 2021, Delhi High Court has restricted the Bakewell Biscuits from unauthorised use of the "Red Horse" marks or confusingly similar mark concerning any goods including candy and confectionery items, in the trademark breaching suit by the Redbull. A single-judge Bench of Justice Sanjeev Narula heard the matter. Redbull submitted that the Bakewell Biscuits used the "Red Horse" and Blue/Silver Trapezoid Red Horse Label which deceptively resembled the Red Bull's well known and registered Red Bull marks.
Mr Anirudh Bakhru learned counsel for the Red Bull also submitted that those said marks were the mala fide duplicate of the plaintiff's original marks. The Bakewell Biscuits had adopted an identical and deceptively alike mark Red Horse and Red Horse Label fusing the Blue/Silver Trapezoid Device and the device of two animals in charging position with a yellow backdrop/ sun disk. Even the font, stylization and colour combination of the said marks is alike to Red Bull marks. In the plaint, the total number of sale, market shares and advertisement expenses were mentioned. It was stated that through an internet investigation Red Bull was made aware of the trademark infringement by the Bakewell Biscuits, the website itself was showing the impugned marks. A cease-and-desist notice was issued to the Bakewell by the Red Bull. to which Bakewell did not reply in writing.
The Court opined that Red Bull has established a prima facie case in its favour.
"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 confectionery items or any manner whatsoever without the permission, consent, or licence of the Plaintiff thereby causing infringement or passing of the Plaintiffs aforenoted trademarks," the High Court said.
The High Court listed this matter on 1st September 2021 for further discussion.