What's your party drink? - Asolo v Red Bull
Energy drinks and alcoholic drinks might be consumed together, but does that make them similar goods for the purposes of establishing likelihood of confusion in trade mark infringement? This was considered by the Court of Justice of the European Union earlier this month in an appeal involving Red Bull and Asolo . Background On 24 September 1997 Asolo filed an application for registration of a European Union trade mark for the word sign ‘FLÜGEL’ [translates to 'wing' in English] in class 32 (Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for the preparation of drinks) and class 33 (Alcoholic drinks except beers). On 5 December 2011, Red Bull filed an application for a declaration of invalidity based on two earlier marks: 'VERLEIHT FLÜGEL' [gives wings] , and 'RED BULL VERLEIHT FLÜÜÜGEL' registered for ‘energy drinks’ in class 32, in Austria. Red Bull successfully contested the mark-...