Red Bull GmbH v Javier Abollado Bris and Myriam Mugica Amilibia

Red Bull GmbH (Red Bull) brought proceedings against Javier Abollado Bris and Myriam Mugica Amilibia (the respondents) in the Federal Court of Australia. The dispute concerned the alleged infringement of Red Bull's trade mark 'RED BULL' and its associated get-up, specifically the use of the mark 'RED BULL' on energy drinks and the distinctive blue and silver packaging. Red Bull sought an injunction to restrain the respondents from continuing this alleged infringement.

The primary legal issues before the Court were whether the respondents had infringed Red Bull's registered trade mark 'RED BULL' and whether their conduct constituted misleading or deceptive conduct under the *Australian Consumer Law*. Specifically, the Court had to determine if the respondents' use of the 'RED BULL' mark on their own energy drink products was likely to cause confusion among consumers as to the origin of those products, and whether the respondents' packaging was so similar to Red Bull's distinctive get-up as to mislead or deceive.

Justice Nicole Worth found that the respondents had indeed infringed Red Bull's trade mark. Her Honour reasoned that the respondents' use of the 'RED BULL' mark on their products was identical to Red Bull's registered mark for identical goods, thereby satisfying the test for infringement under the *Trade Marks Act 1995* (Cth). Furthermore, the Court concluded that the respondents' conduct was misleading and deceptive under the *Australian Consumer Law*, as the similarity in the trade mark and packaging was likely to deceive or cause confusion in the marketplace regarding the source of the goods.

The Court ordered that the respondents be permanently restrained from infringing Red Bull's trade mark and engaging in misleading or deceptive conduct. The respondents were also ordered to pay Red Bull's costs of the proceeding.