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In a relief to PepsiCo India, the Delhi High Court has dismissed an injunction application in a trademark infringement suit filed by Red Bull against usage of tagline ‘Stimulates Mind Energizes Body’ displayed on the label of competing beverage brand Sting.
PepsiCo India launched the energy drink brand Sting in 2017. Red Bull had filed a trademark infringement suit before the Delhi High Court, claiming that Sting’s tagline is infringing on its registered trademark.
A single Bench of Delhi High Court of Justice Amit Bansal dismissed Red Bull’s application that had sought the interim injunction, restraining PepsiCo India from using the tagline for Sting. Red Bull had argued that PepsiCo’s tagline is “deceptively similar” its registered tagline, “Vitalizes Body and Mind”.
The court’s order dated April 6 stated that Red Bull had failed to establish “a prima facie case in its favour for grant of interim injunction”. The court observed that both the taglines used by Red Bull and PepsiCo India are “descriptive and laudatory in nature”.
“Whether the aforesaid tagline of the plaintiff’s product (Red Bull) has acquired distinctiveness or secondary meaning in respect of the plaintiff’s products can only be established at the stage of trial,” the order stated, a copy of which was reviewed by BusinessLine.
“Balance of convenience is also in favour of the defendants (PepsiCo India) for not granting interim injunction as the products of the defendant has been selling in the market with the impugned tagline for almost five years..Hence the present application...is dismissed,” the order stated.
A PepsiCo India spokesperson confirmed the development, but did not comment further. The company was represented by JSA (J.Sagar Associates).
Dheeraj Nair, Partner, JSA, said: “Red Bulls interim application for restraining Pepsi from using the tag line “ Stimulated mind. Energizes Body” was rejected. The judgment correctly follows the law as laid down in several judgments — when the taglines are descriptive and laudatory in nature, there can be no case of infringement.”
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