Old Ox Brewery is already caught up in a trademark infringement dispute almost a year before a single customer has been able to taste its beer. Red Bull, the well-known energy drink company, alleges that the logo, name and slogan of Old Ox Brewery is infringing on its trademark.
Sometimes these disputes can be settled by an arrangement, such as an agreement to change a logo or making a promise to avoid producing a similar product as the upset party. However, the brewery company made these offers, but they were rejected by Red Bull.
The issue involving the name is the most entertaining part about this dispute.
Can a Similar Name Lead to Trademark Infringement?
Red Bull claims that the similarity in the two companies’ names is closer than one may realize. For instance, both animals are bovines, and furthermore, an ox is a bull that has been castrated. In addition to these animals being too taxonomically similar, the energy drink company disapproves of the red, silver and blue colors used by Old Ox.
The brewery company is firing back by saying that the company name comes from an old, historical Virginia road, and not an animal. Additionally, the company sarcastically accuses Red Bull of trying to thwart any usage of bovines for advertising. Chris Burns, the president of Old Ox humorously stated to Red Bull, “Do you plan to herd all heifers, cows, yaks, buffalo, bison, and steer into your intellectual property coral, too?”
While some legal disputes can seem silly, any long drawn out legal battles can hurt profits; therefore, it is essential to your financial success that you find someone with the specific experience for these matters. A business litigation lawyer that deals with trademark infringement cases can increase your chances of solving a needlessly long dispute or prevent one from occurring in the first place.
[Did You Know? Red Bull has just settled a class action lawsuit, which will see the energy drink company pay $13 million to consumers.]
Klein Trial Lawyers — Business Litigation Attorney