The High Court did not believe that Monster didn’t intend to benefit from the Red Bull brand “‘Red Dawg’ will in fact, whether that is what Monster subjectively intended or not, be given a free-ride, and will therefore gain an unfair commercial advantage,” Judge Johnson. Monster had applied to register a U.K. trademark for “Red […]
Read More… from Monster Energy Co. v. Red Bull GmbH – CH-2021-000211
Representing the successful appellant in seeking to annul a decision of the EUIPO Board of Appeal where it had decided that Brexit meant the earlier UK rights could be disregarded in an opposition to registration despite the mark being filed, opposed and initially determined prior to the UK’s exit from the EU. […]
This case concerned whether various device marks including the words “Greenwich Polo Club” infringed registered trade marks for “Beverly Hills Polo Club” and amounted to passing off. The court held that there was no infringement or passing off. The judgment can be seen here and some of the trade marks in issue can be seen […]
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