Trade Marks - Monster Energy Company v Red Bull
RED DAWG RED BULL Jane Lambert Chancery Division (Mr Justice Adam Johnson) Monster Energy Company v Red Bull GmbH [2022] EWHC 2155 (Ch) (12 Aug 2022) One of the grounds for opposing a trade mark is that it is identical with or similar to an earlier trade mark that has a reputation in the United Kingdom and the use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark. That raises the question of what constitutes "unfair advantage" of an earlier mark. A case that sheds light on that issue is Mr Justice Adam Johnson's decision in Monster Energy Company v Red Bull GmbH [2022] EWHC 2155 (Ch) (12 Aug 2022), This was an appeal against Mr James Hopkin's decision in Re RED DAWG trade mark, Red Bull GmbH v Momster Energy Company in BLO/636/21 of 26 Aug 2021 refusing registration of trade mark number 3497054 under s.5 (3) of the Trade Marks Act 1994. He set...