A decision of the UK High Court shows that a trademark owner can
prevent a third party from taking unfair advantage of their
trademark. Monster Energy Company v Red Bull GmbH [2022]
EWHC 2155 (Ch)
The Facts
Monster Energy Company, a well-known manufacturer of energy
drinks, applied for the registration of the trademark RED DAWG in
the United Kingdom in association with non-alcoholic beverages. Red
Bull GmbH opposed the registration of Monster's mark based on
its RED BULL registrations.
There were two grounds of opposition. The first ground was based
on an assertion there was a likelihood of direct or indirect
confusion between the marks. The second ground was based on the
claim that using the applied for mark took unfair advantage of, or
was detrimental to, the distinctive character or the repute of the
RED BULL mark.
