Storm in a tankard
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Storm in a tankard

Red Bull found itself under siege online yesterday, after a minor trade mark dispute found its way on to the web. The episode provides important lessons for brand owners

Redwell beers

Company A applies for a number of trade marks, specifying goods and services in five classes. Company B writes a letter to Company A. The contents are not entirely clear, but it is most likely flagging up its own rights in a similar mark for some of those goods/services, ahead of possibly filing an opposition. After considering the request, Company A amends its applications and the companies sign a coexistence agreement.

This happens around the world every day in trade mark land, without any fuss.

Except it’s August. There’s not much news around and, for many people, not too much work to do. And when Company A is a local brewery with just eight staff and Company B is a multinational corporation also associated with high-profile sports teams and events, a few people pay attention. The BBC gets hold of extracts from the letter, and the resulting article becomes one of the top 10 on its homepage. The Daily Mail website receives hundreds of outraged comments. It is reported that Company B wants to put Company A out of business, and is seeking to monopolise a common word. Twitter users rally. Insults are hurled. Boycotts are threatened.

Company A (Redwell Brewery) is happy to speak to the media and comment on twitter, but Company B (Red Bull – or RedBully as some called it) says nothing. Finally, late in the afternoon, it puts out a terse statement saying it is “willing to allow” Company A to maintain its mark so long as it does not use it for energy drinks.

The two parties have now apparently resolved the dispute, which presumably concerned two trade mark applications Redwell had made at the UK IPO (numbers 3007392 and 3007386 - a series of six) covering goods and services in classes 16, 32, 33, 40 and 41. Notably, the specified goods in class 32 included “mineral and aerated waters” and “non-alcoholic drinks”.

But in the meantime Red Bull lost a lot of goodwill, which is a pity. We all know that such brands take years to build up and, sadly, there are counterfeiters and scammers who try to take advantage of them and their customers. Red Bull has always taken a robust position against fakes and frauds, and is probably stronger for it. It looks like it made a misjudgement in this case, though. So what lessons can be learned?

Here are three. First, when writing a letter ahead of legal action to an unfamiliar party, don’t assume it will remain confidential; ask yourself: would I be happy for this to go viral? Second, particularly when dealing with small companies, think about the potential repercussions and consider alternative approaches. Even if you decide to go the C&D route, sometimes the polite or gentle approach may be more effective than an aggressive stance. Third, when the backlash starts, be prepared to stand up, clarify your position, engage with critics and if appropriate, admit mistakes. That may be hard, and may be contrary to what lawyers are used to doing, but the alternative is going to be far worse.

more from across site and ros bottom lb

More from across our site

High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Kilpatrick Townsend was recognised as Americas firm of the year, while patent powerhouse James Haley won a lifetime achievement award
Partners at Foley Hoag and Kilburn & Strode explore how US and UK courts have addressed questions of AI and inventorship
In-house lawyers have considerable influence over law firms’ actions, so they must use that power to push their external advisers to adopt sustainable practices
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Gift this article