Red Bull Wins Trademark Lawsuit against Bulgarian Soft Drinks Producer
Austrian energy drink producer Red Bull GmbH has recently won the appeal against the Bulgarian PTO’s refusal to cancel the word mark Pit Bull (National registration No. 47656) registered in Class 32.
On March 29, 2013, the Administrative Court Sofia City (ACSC) revoked the PTO’s May 2012 decision and ruled that Nova Trade Ltd, Bulgarian producer of soft drinks, could mislead consumers by using the Pit Bull mark for its energy drink.
The ACSC also took into consideration the well-known status of Red Bull marks as well as the similarity between the marks in question and ruled that the Bulgarian competitor was taking unfair advantage that had a detrimental effect on the distinctive character of the Red Bull marks.
In overruling the decision of the Bulgarian PTO, the ACSC stipulated that the Pit Bull mark was registered in violation of the provisions of Article 12 of the Bulgarian Law on Marks and Geographical Indications (LMGI) and is similar to Red Bull’s earlier marks.
The Bulgarian PTO and Nova Trade have appealed the ACSC decision before Bulgaria’s Supreme Administrative Court (SAC).
Prepared by: Bogdan Bogdanov
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Source: Local court decision
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