The Brazilian Superior Court of Justice has issued a significant decision recognizing that Red Bull’s trademark rights were infringed by the registration of the “Power Bull”. The Court concluded that the signs cannot coexist, as they are likely to mislead consumers.
Red Bull is a globally recognized brand in the energy drink market, widely associated with the sponsorship of major sporting events. As a well-known trademark, it enjoys special protection under trademark law. Power Bull, in turn, is a brand owned by a Brazilian company also used in connection with energy drinks.
It is worth noting that the first instance court found that the term “bull” referred to taurine, the main ingredient of the beverage, as the word translates to “touro” (bull) in Portuguese. The court also considered the overall trademark composition to be sufficiently distinct to allow coexistence.
However, in appealing the decision, Red Bull argued that the term “bull” cannot be considered generic, as it is not commonly used to identify energy drinks.
Tthe Brazilian Superior Court of Justice agreed with this reasoning, invalidating the registration of the “Power Bull” mark and upholding the decision in favor of Red Bull.
It is worth noting that Brazilian trademark law provides clear guidance on signs that are not eligible for registration, as set forth in Article 124 of the Industrial Property Law (Law No. 9,279/96). In this case, item XIX is particularly relevant, as it establishes that trademarks reproducing or imitating, in whole or in part, a third party’s mark in a manner likely to cause confusion or association are not registrable.
The court’s well-reasoned decision stands as a strong example of the proper application of Brazilian trademark law to safeguard the rights of trademark owners.
Moreover, the proactive approach taken by Red Bull illustrates the importance of timely and strategic enforcement. For trademark owners, effectively protecting their rights often depends on acting early and relying on experienced legal counsel to navigate the complexities of the Brazilian System.
—
Authors: Daniela Russo. Lígia Ferreira Marcondes Rocha and Cesar Peduti Filho, Peduti Advogados.
Source: https://www.migalhas.com.br/quentes/441437/stj-mantem-nulidade-de-marca-power-bull-em-disputa-com-red-bull
—
“If you want to learn more about this topic, contact the authors or the Managing Partner, Dr. Cesar Peduti Filho.”