Red Bull loses trademark dispute with gin firm Bullards

A small gin-maker which dates back to 1837 has won a legal battle against energy drinks manufacturer Red Bull.

Norwich-based Bullards was told by lawyers acting for Red Bull there was a "likelihood of confusion on behalf of the public" as both brand names "include the term bull".

A hearing ruled Red Bull's opposition to the trademark application failed.

A Red Bull spokesperson said: "We do not believe it appropriate to comment on such a legal matter."

Russell Evans, of Bullards, said he was "glad" they had taken a stance and did not "cave in to the Goliaths".

Red Bull had asked Bullards to delete a series of goods and services from its trademark application and registration, including energy drinks, events and non-alcoholic beverages.

Allan James, senior hearing officer at the UK Intellectual Property Office, wrote as part of his decision: "Bullards is not in any way a logical brand extension of Red Bull."

Bullards was founded by Richard Bullard, making beer and importing wine and spirits, before it was taken over by national brewery Watneys in 1963.

The Bullards name was revived in 2015, with the company focusing on gin.

Austrian firm Red Bull was launched in 1987, some 150 years after Bullards.

Russell Evans, of Bullards, said some people had advised him to do as Red Bull asked as they had "deeper pockets than us".

"But it just seemed wrong to just cave in to the Goliaths so we decided to take a stance and I'm glad we did," he added.

"It just begs the question as to why they think they can do things like this when all they did was start something that's now been thrown out but it's cost me £30,000 to defend."

He said that Bullards did not want to make energy drinks, but Red Bull "also wanted us to not do soft drinks, which we do, and they also wanted us to stop doing events, which is ridiculous".

"My view was even though we don't want to do energy drinks, I didn't want to concede to them the fact that they had the right to do so and we didn't," he said.

Luke Portnow, trade mark attorney for Bullards, said: "We stood firm that Bullards and Red Bull are of such different trade, no amount of reputation in energy drinks was enough to prevent use and registration here."

George Bullard, a great-great-great-grandson of the brand's founder, said: "We're thrilled with the hearing outcome and the continuity which it embodies."

The energy drinks giant had a similar dispute with Norwich brewery Redwell in 2013, before withdrawing its complaint.

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