GEISTWERT @ ECTA Bulletin March 2021
As regards the reputation of the Red Bull signs, the Austrian Court, based on the submissions by Red Bull, found that the Red Bull signs ‘undoubtedly fulfil(ed)’ the requirements also for ‘events’. Red Bull indeed develops, organises and hosts numerous sportive events in many countries of the world including in the EU. The relevant public for such events is aware that Red Bull does not appear at those events (exclusively) to promote their energy drink, but that Red Bull has created those sports or series of events as their organiser. The Commercial Court of Vienna therefore ruled in favour of Red Bull, issuing an EUwide injunction against use of the Bullsone signs for car care products. This was maintained by the Higher Court of Vienna by judgment of 28 July 2020 (‘Oberlandesgericht Wien’ – 1 R 140/19v – Link to full text of the decision in German / Link to full text of the decision in English (working translation)).
Juliane thanks Alexandra von Bismarck as Verifier of the Case Law Report.