Delhi High Court Decrees Red Bull’s Suit, Protects Its Signature Silver And Blue Color Combination
The Delhi High Court on Monday decreed Red Bull’s suit against an entity’s adoption of identical silver and blue colour combination for energy drinks.The suit was filed against Defendants ‘Rohidas Popat Kapadnis’ and ‘Blue Marine Bottling Company’, alleging that they were manufacturing and marketing an energy drink under the name ‘SEVEN HOURS’ bearing Red Bull’s trade mark...
The Delhi High Court on Monday decreed Red Bull’s suit against an entity’s adoption of identical silver and blue colour combination for energy drinks.
The suit was filed against Defendants ‘Rohidas Popat Kapadnis’ and ‘Blue Marine Bottling Company’, alleging that they were manufacturing and marketing an energy drink under the name ‘SEVEN HOURS’ bearing Red Bull’s trade mark color combination. Reportedly, these products were being sold on e-commerce platforms and promoted on social media.
Red Bull claimed that it had adopted the mark ‘RED BULL’ in 1982 and launched the ‘RED BULL’ energy drink in India in 2000. It also claimed that its blue and silver color combination was registered in many countries, including India.
Advocate Anirudh Bakhru appearing on Red Bull’s behalf further informed the Court that the colour combination had earlier been protected by Courts on multiple occasions.
On August 1, 2023, the Court had granted an ad-interim injunction in favour of Red Bull and ordered thus:
“… the Defendants … shall stand restrained from any fresh manufacturing of ‘SEVEN HOURS’ energy drink in cans/packaging having blue and silver colour combination, which is a colourable imitation and slavish reproduction of the Plaintiff’s products’ colour combination, packaging, get up and layout. The Defendants are free to use the mark SEVEN HOURS for their products so long as the packaging is not similar and violative of the Plaintiffs’ rights;”
Subsequently, the infringing products had been seized by a Court-appointed Local Commissioner.
The Bench of Justice Prathiba M. Singh directed these products to be disposed of by the Defendants during usual course of business, subject to payment of monetary damages to the tune of Rs.13 lakhs to Red Bull.
The Defendants were also directed to not sell any further product under the infringing mark/label, except those seized by the Local Commissioner.
Counsels for Plaintiff: Mr. Anirudh Bakhru, Ms. Neeharika Chauhan, Ms. Vijay Laxmi Rathi and Ms. Apurva Bhutani, Advocates
Counsels for Defendants: Mr. Umesh Mishra and Mr. Satish Kumar, Advocates
Case Title: Red Bull AG v. Rohidas Popat Kapadnis & Anr.
Citation: 2023 LiveLaw (Del) 984