Queency Jain
The Delhi High court has restrained Bakewell Biscuits from using the “Red Horse” mark or any other similar mark with respect to any goods including candy and confectionery items.
The suit was filed by Red Bull in relation to the trademark infringement by Bakewell Biscuits for using a mark similar to its prior and a well-known registered mark.
Red bull contented that the style, colour combination, font and even the two horses in charging position with a yellow backdrop are very much identical and similar to the Red Bull marks.
A single Judge bench of Justice Sanjeev Narula opined that Red bull has established a prima facie case in its favour.
After the court was informed that the Red bull trademark is recorded in the lists of well-known marks maintained by the Trade Mark Registry, the court opined, “The balance of convenience also lies in favour of the Plaintiff and irreparable loss would be caused to the Plaintiff, in case ex-parte interim injunction is not granted.“
The court has listed the matter for further hearing on September 1.