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12 February 2015Trademarks

Red Bull branded a ‘big red bully’ by brewery

A US brewery that had two trademark applications incorporating the term ‘ox’ objected to by multinational Red Bull has branded the energy drink maker a “big red bully”.

In an open letter, Old Ox Brewery criticised the oppositions filed by Red Bull against two trademark applications at the US Patent and Trademark Office (USPTO).

Red Bull opposed an application for a logo of a circle with an ‘X’ in the middle and the words ‘Old Ox Brewery’ underneath. The second opposition concerned an application to protect ‘Old Ox Brewery’ as a word mark.

In its oppositions, which WIPR reported on yesterday (February 11), Red Bull claimed that an ox and a bull were “virtually indistinguishable” to most consumers and that people would assume Old Ox was affiliated with Red Bull.

But Old Ox said it could only interpret Red Bull’s actions as bullying.

“You are a big red bully,” the company said in its letter.

“Do you claim exclusive rights to all things bovine? Do you plan to herd all heifers, cows, yaks, buffalo, bison and steer [a castrated bull] into your intellectual property corral, too?” it added.

Old Ox continued: “Can you honestly look at our brand and say, ‘this is a threat to my image?’ We don’t think you can.

“Given that, we repeat our offer: we agree never to produce energy drinks. In exchange, we are asking for one simple thing: leave us alone.”

In Red Bull’s oppositions, the Austria-based company said that “based on conversations” it had carried out with Graham Burns, chief financial officer of Old Ox Brewery, the US company said it did intend to use its name and logos on non-alcoholic beverages, including soft drinks.

However, it’s not clear whether the alleged discussions extended to energy drinks.

A spokesman for Red Bull told WIPR it was simply seeking to protect its trademarks.

He added: “Brands, big and small, seek to protect their trademarks every day. All we are asking for is to allow the administrative process at the USPTO to run its course and we remain hopeful that a fair agreement can be reached by both parties.”

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11 February 2015   There is no difference between an ox and a bull according to energy drink company Red Bull, which has opposed two US trademark applications concerning the term 'ox'.
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