NEW DELHI: The Delhi High Court has dismissed an application by Red Bull seeking to injunct Pepsi from using tagline “Stimulates Mind. Energizes Body.” for its energy drink Sting.
The court said plaintiff Red Bull has failed to establish a prima facie case in its favour and the balance of convenience is also in favour of defendant Pepsico India Holdings Pvt Ltd for not granting an interim injunction as the products of the defendants have been selling in the market with this tagline for
almost five years.
Red Bull sought an interim injunction against Pepsico, restraining it from using the tagline “Stimulates Mind.Energizes Body.”, which is claimed to be deceptively similar to the plaintiff’s registered trademark/ tagline “Vitalizes Body And Mind”.
In 2018, Red Bull filed a trademark suit in the high court for its mark “Vitalizes Body and Mind.” against PepsiCo’s use of its tagline for its energy drink product Sting.
Red Bull claimed that the marks are similar and Pepsi’s use of the tagline amounts to infringement and passing off its trademark. It had argued that the mark had acquired distinctiveness and secondary meaning,
thus entitled to protection.