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Creativity is the backbone of every industry. The brightest minds, the witty marketers are forever on their voyage to discover something that everyone has seen yet no one has thought. It is a practice that requires a wild mind and a disciplined eye to figure out what craves the attention of a buyer. Like Sherlock’s journey is incomplete without Dr. Watson, similarly, marketing is imperfect without the charm of creativity. This brings us to a question, what is that a buyer first notices on a pamphlet? The marketing scheme? Maybe. The impressive tagline? Definitely. While some have been blowing minds since years and the consumers are “Lovin’ It”, the others are making sure that you “Betcha Can’t Eat Just One”. In this race of impressive humor, Red Bull couldn’t just gain exclusivity for its “Wings”.
Not very long ago, Red bull approached the Intellectual Property Appellate Board (IPAB) seeking cancellation of Dr. Reddy’s decades-old “Your Wings to Life” mark. Against their expectation, the IPAB dismissed their plea on the ground that the two marks in question are neither deceptively similar nor identical to each other.
Initially introduced to the market in 1987, Red Bull has been ever since energizing the much-loyal public. The go-to-brand for the majority of hard-working employees sells over 7.5 billion cans per year. Not to mention, the public, the traders, almost everyone out there recognizes the brand with its trademark slogan “Give You Wings”. Even the advertisement theme is wholly developed on the “Wings” concept.
The disappointment tale for Red Bull began when it noticed theirs not the only tagline promising “Wings” to the customers. About 6 years before them, Dr. Reddy’s, the pharmaceutical giant came up with the slogan “Your Wings to Life”.
In its petition before the IPAB, Red Bull pointed on the fact that it’s been more than 15 years since Dr. Reddy’s mark is registered, however, the same has not been used in the product classes it is intended for. All this is evidence shows that Dr. Reddy has illicitly adopted the mark with no intention to use it. This was contended to corroborate the basic claim, that the former mark shall create confusion since the purchasers solely relate the concept of developing wings with Red Bull. Owing to a non-obligatory clause, Dr. Reddy’s chose the silent way out as against filing a counter statement.
Even after presenting a chain of relevant facts, Red Bull simply couldn’t convince IPAB to cancel Dr. Reddy’s mark. IPAB observed, “The rival trademarks are neither deceptively similar nor identical with. The applicant marks Your Wings to life is not the main mark. It is the sub-brand. The goodwill and reputation alleged by the applicant are not about the main mark Red Bull.”