The 3-year Dispute on Red Bull Trademark will be Concluded

 redbull

The 3-year dispute on the red bull trademark between China and Thailand has entered a crucial stage. It was known that the shareholder qualification dispute case filed by Ruoychai International Group Co.,Ltd (Ruoychai) against Red Bull Vitamin Drink Co., Ltd.(Red Bull) and the third party Inter-Biopharm Holding Limited (Inter-Biopharm) by the Second International Commerce Tribunal of Supreme People’s Court . It was also known that the previous compulsory liquidation request against Red Bull made by Thailand T.C.Pharmaceutical Industries Co., Ltd. was rejected by the No. 1 Intermediate People's Court of Beijing Municipality.

Five cases concerning Red Bull were accepted by the Second International Commerce Tribunal including the shareholder qualification confirmation one which were handled by the collegiate bench made up by five judges from the tribunal. The case which was named as the First Case in the International Commerce Tribunal History, would finally meet its conclusion.

The focus of the court was to decide whether Huanbin was the nominee holder of the 7% share owned by Inter-Biopharm. The problems which should be clarified included the funding information on the 7% share, the subject who exerted the rights as a shareholder and the subject who fulfilled obligations for the involved share, whether the involved parties agreed on the entrustment, whether the name request by Huabin should be supported and whether the request by Huabin exceeded the limitation of legal proceedings.

The judgement lasted 4 hours and will be announced on another day.

There are a number of cases involving Red Bull in courts of China and Thailand where the litigants argued on the profit distribution, rights of control, joint venture term, trademark, profits and share.

July 4, 2019

Source: Beijing Youth Daily

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