Monster Energy has lost its latest High Court appeal in an attempt to register the mark “Red Dawg”. In 2020, Monster Energy filed a trade mark application to register the mark “Red Dawg”, this application was opposed by Red Bull on the grounds the mark would cause confusion amongst the public and take an unfair advantage from its “Red Bull” mark. The case went before the UK Intellectual Property Office and it was held that there would be no likelihood of confusion between the marks but “Red Dawg” would likely appear familiar to consumers which may lead consumers to associate the mark with Red Bull. This, in turn, would mean Monster Energy would benefit from Red Bull’s longstanding goodwill. The opposition was upheld. The decision was appealed and the High Court upheld the earlier decision, claiming Monster Energy appear to have chosen that particular mark in order to gain a commercial advantage from Red Bull. It is to be seen if Monster Energy will seek to appeal that decision, or accept the Bull has beaten the Dawg in this battle. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com. in: Case Law, EU/International, Legal News, News, Trade Marks
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