RED BULL defeats RED DRAGON

Red Bull protects, since the launch of its new energy drinks, its brand with tooth and nail. Legal Proceedings are started everywhere (with varying success) against energy drinks brands that contain the element RED or BULL. In this way Red Bull tries to avoid diluting of its brand and retain a strong position in the market for energy drinks. Recently there was an interesting case in the Benelux. RED BULL opposed the application for RED DRAGON .    

Rightly so, ruled the Benelux trademark authorities. The logos vary, but there are also some similarities. Foremost, the word RED in both brands.In addition, both contain animal logos. The RED BULL logo has two red bulls charging each other, while the disputed logo has two dragons who are about to attack each other. These animals are associated with strength, virility and unequalled power. On the other hand, there are some remarkable differences. Therefore, the marks are deemed visually, aurally and conceptually similar but only to a small extent.
Confusion implies some interdependence between the similarity of the marks and the similarity of the products. This case is about identical products. Because the products are identical, which compensates for the low degree of similarity between the signs, the trademark authorities decided to refuse the logo RED DRAGON.

 

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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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