The Court of Justice in Amsterdam has in a pronouncement of 2 February 2010 declared that The Bulldog must stop with sale of its house mark The bulldog Energy-Drink in the Benelux, since The bulldog with its energy-drink would make violation on the mark registration of RedBull. It is remarkable that several judges in earlier lawsuits have determined that there are insufficient similarities used between both marks (The bulldog a dog on packaging and a bull on RedBull packaging. The style and design of packing are totally not resembling. Also it has been concluded at an earlier stage that by no means an advantage has gained or harm has done to the distinctive capacity or reputation of the mark RedBull.

Largest quarrel point in this new pronouncement seems the fact that The Bulldog would hitch-hike on the success of RedBull, because the general public views any energy drink as similar to Red Bull. This involves in fact that no one other energy drink can be sold beside RedBull. Because each energy drink would hitch-hike on the success of RedBull, just like each Cola manufacturer profits on the success of Coca-Cola and every rum in this manner profits on the success of Bacardi!

Paculiar in this trademark dispute is that The Bulldog exists almost 35 years, whereas RedBull operates on the Dutch market only since 1995. The bulldog, not known as follower, rather a trendsetter, has reacted with bewilderment but do not yet feel themselves defeated. Especially because according to several lawyers, during the lawsuit, obvious procedure mistakes have been made. The case is still open against the pronouncement with cassation and nothing is definite at this time.

Even so, The Bulldog, has been instructed in the recent pronouncement, to oblige with its destroying of all stock The Bulldog Energy-Drink and if it is up to Red Bull to reach deep in the pockets to compensate financially for damage done to RedBull.§

According to owner Henk de Vries: “This does not feel good, wrongfully accused even. We have more often stood against a power grabs. Even being righteous, we have nevertheless lost a battle…..but this war is not yet fought!