Red Bull GmbH v Bull Riders Incorporation (Thailand) Limited

Red Bull GmbH (the applicant) sought to remove Bull Riders Incorporation (Thailand) Limited (the respondent) as the registered owner of the trade mark 'BULL RIDERS' in Australia. The applicant alleged that the respondent's registration was obtained fraudulently and that the respondent had not used the trade mark in Australia. The application was heard in the Federal Court of Australia.

The primary legal issues before the court were whether the respondent had obtained its trade mark registration fraudulently, and whether the respondent had genuinely used the 'BULL RIDERS' trade mark in Australia in relation to the goods and services for which it was registered. The court was also required to consider the consequences of any such findings, including the potential for removal of the trade mark from the register.

Justice Kirov found that the respondent had not engaged in fraudulent conduct in obtaining the registration of the trade mark. However, the court determined that the respondent had failed to demonstrate genuine use of the 'BULL RIDERS' trade mark in Australia for the relevant goods and services. The court applied the principles of trade mark law concerning fraudulent registration and the requirement for genuine use, noting that mere token use or use solely for the purpose of preventing others from using a similar mark would not suffice.

Consequently, the court ordered the removal of the respondent's trade mark registration from the Australian Register of Trade Marks.