Austrian energy drink maker Red Bull had approached the Court seeking injunction against PepsiCo on the ground that Pepsi had infringed its trademark.
The Delhi High Court on Wednesday refused to restrain PepsiCo from using the tagline ‘STIMULATES MIND. ENERGIZES BODY’ while selling its energy drink ‘Sting’ [Red Bull AG v. PepsiCo India Holding Pvt Ltd & Anr].
The Court was dealing with an application in a suit filed by Red Bull seeking an interim injunction against Pepsi. The suit claimed that the tagline used by Pepsi was deceptively similar to Red Bull’s tagline: “VITALIZES BODY AND MIND”.
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.
It further said that the use of the tagline by Pepsi also is in a descriptive/laudatory manner and not as a trademark. It is a phrase or an expression consisting of four words of the English language.
On Red Bull’s submission that the tagline of Pepsi gives the same impression, the Court said that since the two products are of the same kind (energy drinks), descriptive or laudatory taglines in respect of these products have to communicate the same idea. Therefore, it cannot be said that the adoption of the mark by Pepsi was not bona fide.
With these observations, the application for interim injunction was dismissed.
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