Delhi High Court dismisses Red Bull’s injunction application against Pepsi’s tagline ‘Stimulates Mind. Energizes Body.’ used for its energy drink product Sting. The Delhi High Court by order dated April 06, 2022 dismissed Red Bull’s injunction application on the grounds that Red Bull had not made out a prima facie case.
In 2018, Red Bull filed a trademark suit before the Delhi High Court for its mark ‘Vitalizes Body and Mind.’ against PepsiCo’s use of its tagline ‘Stimulates Mind. Energizes Body.’ on the body of its energy drink product – STING. Red Bull claimed that the marks are similar and Pepsi’s use of ‘Stimulates Mind. Energizes Body.’ amounts to infringement and passing off its trademark - ‘Vitalizes Body and Mind.’. Red Bull argued that the mark had acquired distinctiveness and secondary meaning, thus entitled to protection.
Pepsi defended its use of the tagline as being descriptive of the product and thus no action for infringement can lie. Pepsi also argued that Red Bull’s trademark itself is invalid since it is in contravention of Section 9 of the Trade Marks Act.
The Delhi High Court dismissed Red Bull’s injunction application on primarily 3 grounds – Red Bull failed to establish prima facie case in its favour, both taglines are descriptive and laudatory in nature and whether Red Bull’s tagline has acquired distinctiveness or secondary meaning can only be established at trial. The High Court also found that the balance of convenience was in favour of Pepsi in not granting injunction as products have been selling for 5 years now.
Pepsi was represented by JSA, led by Mr. Dheeraj Nair, Partner - Disputes along with Ms. Shruti Dass, Senior Associate and in association with K&S Partners. Red Bull was represented by Zeus IP.