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Red Bull Wins Intellectual Property Case

Red Bull Energy Drink Wins Intellectual Property Case In Australia

On Monday, September 3, 2001 Justice Conti of the Federal Court of Australia ruled in favour of Red Bull Australia Pty Ltd against Sydneywide Distributors (Livewire energy drink), in a case to protect the intellectual property rights of Red Bull® energy drink.

The Court stated that the intentionally designed packaging label of Livewire, “sailed too close to the wind” in its endeavours to gain, at virtually no cost, the benefit of Red Bull® energy drink’s massive advertising and marketing campaign conducted over the past three years in Australia.

“We are delighted with the judge’s decision, which reinforces the intellectual property rights of Red Bull® energy drink as a global brand. Red Bull® energy drink’s intellectual property rights are one of our most valuable assets, in which we heavily invest and vigorously defend. The decision sends a clear message to any company or individual considering imitating our distinctive packaging design and logo, that not only will Red Bull take all action necessary to protect it’s brand but that such action is sanctioned by the courts,” said Paul Devereux, Australasian Corporate Projects Manager, Red Bull Australia Pty Ltd.

Dietrich Mateschitz, founder and managing director of Red Bull GmbH., launched Red Bull® energy drink in Austria in 1987 and in doing so, created an entirely new beverage category that has today become a multi billion-dollar industry.

Globally, Red Bull® energy drink is the proven market leader currently available in over 55 countries worldwide. Red Bull retains the highest value market share in almost all countries and last year alone the brand sold around 1 billion cans, with a global market share of 70%.

To view the decision in full visit the AUSTLII web site:
http://www.austlii.edu.au/au/cases/cth/federal_ct/2001/1228.html

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