Trademark News & Screw-ups Red Bull Fails To Block Trademark Registration In EU Over Logos That Aren't All That Similar

I feel bad for Red Bull. The logos ARE confusingly similar in that they purport to convey a virtually identical idea: two large animals with horns leaping towards each other with the sun on the background. The concept of confusion in trademark cases is not about putting two images side by side and looking for differences. It is about whether an average consumer, somewhat in a hurry, with an imperfect recollection of one mark, when exposed to the other mark, would be likely to be confused into believing that both marks come from the same source. Given that the other mark is filed for virtually the same products, I don't understand how these two logos could NOT be considered confusingly similar. I mean, EUIPO is notorious for its irrational decisions on trademarks, so not really surprised there. The only real question is, will Red Bull win in court or will they buy their way to a fair resolution through a settlement.

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