The Delhi Supreme Court has rejected a request from Red Bull to ban Pepsi from using the slogan “Stimulates Mind. Energizes Body” for its energy drink Sting.
The court said Red Bull has failed to establish a prima facie case in its favor and the balance of convenience is also in favor of defendant PepsiCo India Holdings Pvt Ltd for not granting injunctive relief as the products of the defendants have been marketed with this slogan for nearly five years.
Red Bull filed for a preliminary injunction against PepsiCo barring it from using the slogan “Stimulates Mind. Energizes Body”, which it claims is deceptively similar to Reb Bull’s registered trademark/slogan “Vitalizes Body And Mind”.
“Both the slogans used by Red Bull and the defendants are descriptive and laudatory. Whether the slogan has acquired a distinctive character or a secondary meaning in relation to the Red Bull products can only be determined at the stage of the trial Judge Amit Bansal said.
In 2018, Red Bull filed a trademark lawsuit in the Supreme Court for its brand “Vitalizes Mind and Body.” against PepsiCo’s use of its slogan “Stimulates Mind. Energizes Body” for its energy drink product Sting.
Red Bull claimed the signs are similar, and Pepsi’s use of “Stimulates Mind. Energizes Body.” amounts to infringement and passing on his trademark – “Vitalizes body and mind”. It had argued that the mark had acquired distinctive character and secondary meaning and was therefore entitled to protection.
Pepsi, represented by J Sagar Associates, defended the use of the tagline as descriptive of the product, so no action for infringement can be taken. Pepsi had argued that Red Bull’s trademark is invalid because it violates Section 9 of the Trademark Act.