The Delhi High Court has dismissed an application filed by energy drink maker Red Bull against Pepsi. Red Bull has called for a ban on the use of the tagline of its energy drink sting, accusing Pepsi of using it.
The High Court observed that Redbull has failed to prove its prima facie allegation and the case seems to be in favor of PepsiCo India Holdings Pvt Ltd.
Let us tell you that Red Bull has sought an interim ban against PepsiCo from using the tagline ‘Stimulates mind, energizes body’. It claimed that the tagline was misleadingly related to its registered ‘Vitalize Body and Mind’ tagline.
Justice Amit Bansal, in his judgment, observed, “The tagline being used by the complainant and the plaintiff is descriptive and laudable in nature. It will be known only during the course of the hearing whether an attempt has been made to give a particular meaning to the tagline of the petitioner.” ”
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Significantly, in the year 2018, Red Bull filed a trademark infringement suit in the High Court. The case pertains to Pepsi’s alleged use of the tagline ‘Stimulates Mind, Energize Body’ for its energy drink product Sting.