Having been cleared of trademark infringement, The Bulldog now seeks to recoup damages, estimated at 49 million euros, from Red Bull. Red Bull’s actions were deemed unlawful for prohibiting The Bulldog from continuing to market energy drinks under its brand.
The court affirmed this conclusion. It was established that issuing a threat of injunction is illegal if that judgment is subsequently overturned. By issuing such a threat, The Bulldog was deprived of the opportunity to capitalize on its products.
In this regard, The Bulldog has already prevailed. Only the amount of damages remains to be determined. A prudent lesson emerges: refrain from threatening enforcement until a judgment becomes final.
