Figuratively
But even if consumers don’t go throwing themselves off balconies after drinking a Red Bull, Dakroury argues that the slogan is still misleading in a figurative sense. He has filed a nullity procedure with the European trademark office EUIPO. “Gives You Wings” not only gives the impression that you actually get wings, but it also sends the message that the energy drinks improve mental and physical performance thanks to their ‘beneficial’ properties, says Dakroury. The positive word “Wings” evokes a sense of freedom, vitality, and lightness in consumers. Whereas, according to him, energy drinks actually cause harm to the nervous system, heart, and digestive system.
Rejected
It’s hardly surprising that the EUIPO, in its ruling of March 27, dismissed the absurd claim that consumers might believe they could literally fly after a Red Bull as “unrealistic.” But also in a figurative sense, the EUIPO does not find “Gives You Wings” misleading. “Even if the contested mark could be understood as meaning that it makes someone feel light, energetic or even happy and positive …, it cannot be found to be deceptive”, according to EUIPO. “Red Bull has shown that energy drinks are presumed to contain these qualities, as their name indicates. Therefore, the contested mark is, at most, evocative of characteristics proper to those beverages, which excludes a risk of deceit”. So, the trademark registration will remain in place.
Opposition
The ruling also reveals why Dakroury is so eager to bring down the “Gives You Wings” trademark. The Egyptian has applied for a European trademark for “Dubai Edition Update Your Wings,” also for an energy drink. Red Bull has filed an opposition against this application based on its “Gives You Wings” trademark. So it’s clear that Dakroury would benefit if Red Bull’s registration were overturned. However, that attempt has failed for now. Interestingly, in the opposition procedure concerning “Dubai Edition Update Your Wings,” Dakroury does not mention any potential harm his own energy drink might cause to the heart or digestive system.
Bas Kist
