Monster Energy Co. v. Red Bull GmbH – CH-2021-000211

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 Dawg,” but Red Bull claimed that the mark could be confused with, and benefit from, its reputation.

IP Office hearing officer James Hopkins agreed that Red Bull’s branding was well-known enough that the “Red Dawg” mark could “free ride” on its brand, which was grounds enough to deny the trademark, he concluded.

Monster appealed the decision, but the High Court backed the hearing officer’s analysis, ruling that Monster benefited from the link to Red Bull’s branding.