HELL’v a call for energy drinks

Posted on by bisonrivers

 

 

v HELLA

 

In a dispute over a Community Trademark Application for “HELL” for energy drinks by Slovakian company HELL ENERGY Magyarország Kft. the owner of the earlier trademark HELLA successfully opposed its registration. In an appeal, the General Court wouldn’t swallow the argument that the consumers of the HELL energy drinks were by and large teenagers, more receptive to the purported effects of the non-alcoholic energy drinks and were more attentive in distinguishing the marks at issue. Being ‘hip’, ‘cool’  and ‘partygoers’ doesn’t seemingly assist in distinguishing between brands and the Court found there was likelihood of confusion on the part of the public in the EU.

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