Recently, Guangzhou Tianhe District People's Court issued a ruling on Tensi Medical & Healthcare Co., LTD. (Thai Tensi) and Guangdong Red Bull Vitamin Beverage Co., LTD., Zhuhai Red Bull Beverage Sales Co., LTD., Guangzhou Red Bull Vitamin Beverage Co., LTD. (all three are controlled by Rerewood Investment Co., LTD.). Reignwood (hereinafter referred to as the three defendants) and Guangdong Aeon Tianhe City Commercial Co., Ltd. infringement of trademark rights and unfair competition dispute made the first instance judgment.
First Instance Judgment of Tianhe District Court on this dispute (Part)
According to the verdict, Reignwood three defendants were ordered to immediately stop the production and sale of "Red Bull vitamin functional drinks", immediately stop using the company name containing the word "Red Bull", and compensate the plaintiff 219 million yuan.
After review, the Tianhe Court held that the final judgment made by the Supreme Court on December 21, 2020, clarified that Tensi Company enjoyed the exclusive right to use the Red Bull series trademarks, and the retrial review procedure of the case did not affect the validity of the original judgment. The outcome of the arbitration case involving the ownership of the "Red Bull" trademark accepted by the Shenzhen International Arbitration Court, and the 50-year agreement accepted by the People's Court of Qianhai Cooperation Zone of Shenzhen, Guangdong Province, shall not be binding on the trial of this case. The term of Tensi's trademark license to Red Bull Vitamin Beverage Co., Ltd. as agreed in the last Trademark License Contract filed with the Trademark Office expires on October 6, 2016. After the expiration of the trademark license, Red Bull Vitamin Beverage Co., Ltd. has no right to continue to use the registered trademarks of the Red Bull series involved.
In this regard, the Tianhe Court found that since October 7, 2016, Reignwood Guangdong Red Bull Company still uses the Red Bull trademark logo in its Red Bull beverage cans, packaging boxes and production areas, and Reignwood three defendants' sales of the above Red Bull beverage behavior has constituted an infringement of the exclusive right to use the Red Bull registered trademark of Tensi Company.
In response to the result of the first trial, Reignwood Red Bull issued a statement through its wechat public account "Red Bull", saying that it will appeal the result of the first trial. The company said that in 2016, Thailand Tensi tore up the contract and launched several lawsuits against China Red Bull and producers, sellers, channels, etc., and before China Red Bull got the key original evidence of the 50-year agreement, the trial had been held, and China Red Bull and the courts had been communicating to suspend the trial and ask for the original evidence to be cross-examined. Reignwood Red Bull also said that "so far, there has not been a case of final judgment to determine China Red Bull trademark infringement."
It is reported that since 2016, Thailand Tensi and Reignwood Investment due to the "Red Bull" trademark conflict became public, the two sides on the trademark, appearance packaging and other cases. At the same time, the two sides compete with each other in the product market.
Three common Red Bull drinks in the domestic market
Reignwood Red Bull, according to the company's data disclosed on December 30 last year, the company locked 21.8 billion yuan in sales orders and 22.1 billion yuan in deliveries, an increase of 4% in 2020.
Thai Tensi, not to be outdone, launched Red Bull Anaiji and imported versions of Thai Red Bull vitamin flavored drinks in China. Among them, in 2020, Thailand Tiansi (authorized Guangzhou Yao Energy) cooperated with Yang Yuan Drinks, authorized the latter to promote and sell red bull Anaiji in the north of the Yangtze River, according to the financial report of Yang Yuan Drinks 2021, the sales revenue of functional drinks was 193 million yuan, an increase of 235.66% compared with 2020, Yang Yuan Drinks also confirmed, Revenue from sales of energy drinks is the revenue of Red Bull Anergy. In addition, Red Bull vitamin-flavored drinks are operated by Shenzhen Pusheng Food, but sales are unknown.
In addition to Thailand Tencel and Reignwood Investment in the competition for China's Red Bull market, the reporter also learned that Budweiser Asia Pacific in April last year won the Austrian Red Bull in China's exclusive distribution right to "enter" the Red Bull market competition, according to the company's 2021 annual report shows that it is increasing the Austrian Red Bull distribution point by double digits.
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