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Delhi High Court takes ‘Sting’ out of Red Bull tail in trademark suit against Pepsi

After hearing the parties, the Court held that no prima facie case of passing off is made out, as a look at the two products would show that there is no similarity between them.

He said that the layout of the two cans is totally different, the brand names “Red Bull” and “STING” are prominently displayed on the cans, the colour scheme of the two products is completely different, fonts are different, the taglines used are in very small fonts on both the cans in comparison to their brand names, and the colour in which the taglines are written and the backgrounds in which they appear are also completely different.

“In light of the above, it is apparent that no confusion or deception would be caused to the customers of both the parties in respect of their products. Therefore, in my prima facie view, no case of passing off is made out,” the Court held,

Source: Barandbench

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