High Court Grants Red Bull AG Injunction Against "SEVEN HOURS," Says "Chances of Confusion are Very High"

In a significant ruling, the Delhi High Court has granted Red Bull AG, the Swiss energy drink company, an injunction against Rohidas Popat Kapadnis & ANR., the manufacturers of 'SEVEN HOURS' energy drinks. The court cited that the "chances of confusion are very high," particularly in online platforms.

Justice Prathiba M. Singh observed that the silver and blue color combination used by the Defendants for their energy drink cans is identical to that of Red Bull. The Court said, "the colour combination of blue and silver is enjoying statutory protection in favor of the Plaintiff."

Red Bull AG, which had sales of over Rs. 180 crores in India in 2022 and holds a market share of 44.2% in the energy drink segment, filed the suit stating the Defendants had copied their distinctive blue and silver color scheme. "The balance of convenience lies in favor of the Plaintiff, and irreparable injury would be caused to the Plaintiff if the interim injunction is not granted," the Court noted in its ruling.

The Court also appointed a Local Commissioner to seize the infringing products. However, filled cans already manufactured by the Defendants will be allowed to be sold off, but no new products in the disputed packaging will be allowed to be manufactured.

This is not the first time Red Bull AG has sought legal protection for its trademark color combination. The company has previously secured similar orders protecting its blue and silver color scheme.

As per the Court's directive, the Defendants have been instructed to deposit Rs. 3 lakhs with the Registrar General of the Court.

Date of Decision: October 16, 2023

RED BULL AG vs ROHIDAS POPAT KAPADNIS & ANR.

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