Santa Catarina State Court decides that there is no undue association between energy drinks from the Brazilian company Red Horse and the multinational Red Bull
According to the 5th Chamber of Commercial Law of the Santa Catarina State Court, the trademark and trade dress of the energy drinks offered by the Brazilian company Red Horse do not infringe Red Bull’s intellectual property rights, even though the companies are engaged in the same business activity. According to the reporter judge Soraya Nunes Lins, the products presented differences that prevented the risk of consumer confusion or their improper association, despite the fact that the goods are of the same nature.
A preliminary injunction prohibited Red Horse from manufacturing, distributing and selling its energy drinks based on Red Bull’s allegations of possible deviation of customers and unfair competition. Due to the interruption of its sales and damage to the reputation of the Red Horse trademark, the defendant later demanded the payment of moral and material damages by Red Bull, being the latter granted by the Court.
The Court favored the principle of free competition, and stated that the analysis of trademark conflicts should consider the signs that identify the products as a whole, and not their isolated elements.
More information is available in Portuguese at https://www.migalhas.com.br/quentes/320019/red-bull-deve-indenizar-concorrente-brasileira-por-danos-materiais