City booze brand Bullards has beaten the mighty Red Bull in a bizarre legal battle over naming rights.
Red Bull accused Bullards of "creating a conflict of interest" due to an apparent clash with the naming of the companies.
Bullards was originally founded in 1837 by Richard Bullard spanning six generations. In contrast, Red Bull was founded in the 1980s in Austria.
It is not the first time Red Bull's hyper-sensitive legal team has fired off ridiculous writs. But with Bullards they met their match.
Russell Evans, boss of Bullards, admits he was shocked when the energy drinks giant attempted to have the famous old name scrubbed out.
This threat escalated as Bullards was subsequently sent a letter at the start of 2022 stating soft drinks had been added to the long list of products Red Bull did not want the Norwich company to make.
But after a hearing took place at the end of September, senior hearing officer Allan James ruled that Bullards could continue its business under its current name and trademarks.
As part of this decision, the officer rejected Red Bull's claim that Bullards had chosen their name specially to take advantage of the Red Bull name.
Family shareholder John Bullard said: "Allan James’ ruling should serve as a salutary reminder that enterprises can, and should, stand up against large corporations in a heavy handed and aggressive landscape.
"Hopefully this gives confidence to other ‘David’s’ facing ‘Goliaths."
Luke Portnow, trade mark attorney for Bullards, said: “We stood firm that Bullards and Red Bull are of such different trade. No amount of reputation in energy drinks was enough to prevent use and registration here.
"The ruling confirms the mere fact that because the two marks share a common element is not a proper basis on which to base a finding of indirect confusion.
“It pains me that such unnecessarily aggressive and expensive enforcement practices continue in this field of law.
"It is legally and financially unfair on applicants to have to defend such actions, so you can only imagine how thoroughly thrilled I am for Russell and everyone behind the amazing Bullards brand."
George Bullard, a great-great-great grandson of the brand's founder added: “We’re thrilled with the hearing outcome and the continuity which it embodies.”
Red Bull were contacted for comment but the press office employs an artificial intelligence -powered chatbot which, frankly, made no sense at all.
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