In the meantime Red Bull has filed an appeal against the earlier decision of the District Court. The Appeal Court, backed by the decision of the European Court, agreed with Red Bull. The Appeal Court decided that BULL is the most distinctive element in the trademark RED BULL and since this word is also found in BULLDOG, there is a certain similarity. Since RED BULL is a famous trademark it is not necessary that actual confusion between the two marks exists. The protection scope of a famous trademark is larger to the extent that any similar mark that tries to profit from the reputation of the famous trademark, without a financial contribution, is acting unlawfully. This was the case with THE BULLDOG. In fact, in the past The Bulldog has states that they wish to cash in on the success of the energy drink market, which exists mostly due to Red Bull.
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