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The Delhi High Court has allowed a plea by energy drinks giant Red Bull AG against a Kerala-based firm for allegedly copying its logo and can design.
A single bench of Justice Jayant Nath issued orders to defendants Universal Nutritious Products to stop production of its Xtra Power energy drink bearing the impugned marks.
Red Bull, based in Austria, sought permanent injunction to restrain the defendants from using the impugned mark for products manufactured in its Pune-based plant.
This included ‘the flying rhino’ or any other mark deceptively and confusingly similar to Red Bull’s registered marks of ‘the double bull device, the single bull device and the blue/silver trapezoid device.’
The court observed that Red Bull AG had made out a prima facie case in its favour. Balance of convenience is also in its favour.
Interim injunctionJustice Nath issued an interim injunction against the defendants from manufacturing or using the impugned trademark till further orders.
He allowed the plea to appoint local commissioners to visit the premises of Universal Nutritious Products in Bengaluru without prior notice and make an inventory of products bearing the impugned trademark.
The commissioners will take into custody such inventory, seal, and return it to the defendants with an undertaking to produce it before the court as and when directed.
Meanwhile, Sanjeev Raju, promoter of Universal Nutritious Products, said that the company has decided to change its logo and ‘can design.’
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