In 2007, Red Bull initiated legal action against the introduction of The Bulldog energy drinks, citing trademark infringement. The contention was that the trademark "The Bulldog" bore resemblance to Red Bull due to the shared element of "BULL". In 2010, the court sided with Red Bull on this. However, The Bulldog contested this decision, escalating the matter to the Supreme Court and eventually the European Court, arguing the legitimacy of their trademark use. They asserted that energy drinks were a natural extension of their offerings in coffee shops and that the trademark had been used in good faith for this purpose over several years. Eventually, The Bulldog's position was vindicated.
Having been cleared of trademark infringement, The Bulldog now seeks to recoup damages, estimated at 49 million euros, from Red Bull. Red Bull's actions were deemed unlawful for prohibiting The Bulldog from continuing to market energy drinks under its brand.
The court affirmed this conclusion. It was established that issuing a threat of injunction is illegal if that judgment is subsequently overturned. By issuing such a threat, The Bulldog was deprived of the opportunity to capitalize on its products.
In this regard, The Bulldog has already prevailed. Only the amount of damages remains to be determined. A prudent lesson emerges: refrain from threatening enforcement until a judgment becomes final.
trademarks
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