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Mad Bull continues to trade until appeal is heard
Rizo Investments Pty Ltd, the South African company that owns and manufactures Mad Bull energy drink, was granted the right to continue using the Mad Bull trade mark during their appeal process against Red Bull in the High Court in Pretoria today.
Austrian manufacturers of Red Bull filed a complaint against the local company being able to use the word "bull", claiming that it infringes on their trademark. The company tried to stop Mad Bull from trading until its application to the Supreme Court of Appeals in Bloemfontein is heard at a date to be set by the court.
Judge P.J van der Walt, who ruled that Mad Bull infringes on the Red Bull trademark, also denied Rizo Investment's application for leave to appeal previously.
According to Mad Bull's CEO Brian Altriche, the word "bull" is generic and the use of it is based on one of the essential ingredients of the product - Taurine, an amino acid originally derived from bulls. Says Altriche: " We are very happy to be able to continue trading until the Supreme Court of Appeal in Bloemfontein has heard the case. We are confident that the appeal will be successful. Rizo Investments employ over 120 people and trade restrictions would not only cost us a fortune, but will also put jobs at risk."
The ruling in this case affects many other trademarks and is closely watched by multi-national companies that own trademarks with generic words, in the Kola/Cola markets for instance.
