IN the feisty world of trademarks, nothing is sacred or unique. A rouge-coloured conflict that has recently ruffled feathers at two leading food and drink retailers was brought to The Note’s attention this week by legal eagles at Minter Ellison. Austrian company Red Bull GmbH recently took on Western Australian fast food company Red Rooster, over its trademark application ‘Red Rooster’ for beverages. Red Bull is no stranger to contesting perceived infringements on its brand, having 132 registrations and pending applications on the Australian Trademark Registry; but it wasn’t about to let this one through to the keeper. In an early victory for Red Rooster, Red Bull has withdrawn its opposition to this particular trademark. However, the jury is out until December on whether a pending application for the trademark ‘red’ will be deemed Red Bull’s own.
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