We know it’s hard to tell the two apart, but the one on the left is probably for Red Bull… we think.
Whether it’s the pizzeria logo that resembles the Garden State Parkway sign, two beers battling over the use of the same three letters, or a bunch of marijuana edibles with humorous takes on famous chocolate brands, even the silliest trademark disputes are usually based in the argument that maybe someone out there might possibly confuse the products. But the folks at Red Bull have a problem with a Virginia brewer who wants to trademark the name “Old Ox” simply because the two brands are bovine in nature.
This is according to a trademark opposition [PDF] filed late last month by Red Bull with the U.S. Patent & Trademark Office.
The Austrian beverage company is opposing the Old Ox trademark application because “An ‘ox’ and a ‘bull’ both fall within the same class of ‘bovine’ animals and are virtually indistinguishable to most consumers. In addition, an ox is a castrated bull.”
In spite of the fact that the Old Ox logo is a big O with a big X through it, and the Red Bull logo is two red bulls charging at each other over a bright yellow circular background, Red Bull contends that the Old Ox mars “so resemble Opposer Red Bull’s RED BULL and Bull Logo Marks as to be likely… to cause confusion, mistake or deception among purchasers, users and the public, thereby damaging Red Bull.”
Also at issue with Red Bull is that Old Ox is not specifying a color scheme for its marks, meaning they could be, in theory, printed in red.
The response letter (scroll down for full text) sent by Old Ox Brewery to Red Bull shows some remarkable restraint and a sense of humor on the brewer’s part.
“You seem pretty cool,” the company writes. “You sponsor snowboarders, adventure racers, rock climbers and motocross bikers. You launch people into space so that they can skydive back down to earth. That’s all really darn cool. For all I know, you’re reading this while strapping yourself into a Formula One racecar that is about to be lit on fire and jumped over a large chasm of some sort.”
That said, Old Ox says Red Bull is being “extremely uncool” to the family owned startup.
“For reasons that we cannot understand, you have attempted to strong arm us into changing our identity for the last 10 months because you believe folks might mistake Old Ox beer for Red Bull energy drinks,” reads the letter. “We respectfully disagree. The only similarity between our two products is that they are both liquids.”
Old Ox claims that the demands from Red Bull — like not ever using red, silver, or blue, or ever producing soft drinks — would “severely limit our ability to use our brand.”
“Do you own the color red? What about fuchsia, scarlet, crimson, or mauve?” asks Old Ox. “Are you planting your flag in the color wheel and claiming those shades for Red Bull? Do you claim exclusive rights to all things bovine? Do you plan to herd all heifers, cows, yaks, buffalo, bison, and steer into your intellectual property corral, too?”
Old Ox says that Red Bull is living up to its name.
“You are a big Red Bully,” continues the letter. “Just like that mean kid from grade school pushing everyone down on the playground and giving us post-gym class wedgies. You are giving us one hell of a corporate wedgie. We don’t appreciate it and we sure as hell don’t deserve it.”
The brewer asks Red Bull to seriously examine its claim and ask whether there is any possible way the two brands could be confused.
“Given that, we repeat our offer: We agree NEVER to produce energy drinks,” concludes the note. “In exchange, we are asking for one simple thing: Leave us alone. Drop this trademark dispute. The only people benefiting are the lawyers.”
We’ve written to Red Bull seeking comment and will update if we hear back.
The company actually has an entire page on its website dedicated to “Brand Protection,” where it encourages people to write in with instances of people infringing on the company’s trademarks.
Herewith the entire text of the Old Ox letter:
Hey Red Bull –
You seem pretty cool. You sponsor snowboarders, adventure racers, rock climbers and motocross bikers. You launch people into space so that they can skydive back down to earth. That’s all really darn cool. For all I know, you’re reading this while strapping yourself into a Formula One racecar that is about to be lit on fire and jumped over a large chasm of some sort. How cool would that be? Feel free to give it a try.
Here’s the thing, though. You are being extremely uncool to us at Old Ox Brewery. We are a small startup brewery in Ashburn, Virginia. We’re family-run, we love beer, and we love our community. For reasons that we cannot understand, you have attempted to strong arm us into changing our identity for the last 10 months because you believe folks might mistake Old Ox beer for Red Bull energy drinks. We respectfully disagree. The only similarity between our two products is that they are both liquids. You make non-alcoholic (but very extreme) energy drinks. We make delicious (but laid-back) beer. Our consumers are looking for two distinctly different experiences from our respective products.
Basically you are holding us hostage with a list of demands that, if agreed to, would severely limit our ability to use our brand. Demands like, never use the color red, silver or blue; never use red with any bovine term or image; and never produce soft drinks. Do you own the color red? What about fuchsia, scarlet, crimson, or mauve? Are you planting your flag in the color wheel and claiming those shades for Red Bull? Do you claim exclusive rights to all things bovine? Do you plan to herd all heifers, cows, yaks, buffalo, bison, and steer into your intellectual property corral, too?
When we refused to succumb to your demands, you responded by filing a formal opposition to not just our trademark but to the very name Old Ox Brewery. Way to step on our American dream. You say you are protecting your intellectual property rights, but your claim, in our opinion, is Red Bulls**t.
We can only interpret your actions as one thing—bullying. You are a big Red Bully. Just like that mean kid from grade school pushing everyone down on the playground and giving us post-gym class wedgies. You are giving us one hell of a corporate wedgie. We don’t appreciate it and we sure as hell don’t deserve it.
Is this really what you’re about? Are you a bully? Your extensive marketing campaigns (your glitzy advertising, your sponsored sports events, your death defying stunt shows, etc.) certainly don’t project that image. Take a hard look at your “case.” Can you honestly look at our brand and say, “this is a threat to my image?” We don’t think you can. Given that, we repeat our offer: We agree NEVER to produce energy drinks. In exchange, we are asking for one simple thing: Leave us alone. Drop this trademark dispute. The only people benefiting are the lawyers.
Sincerely and Uninfringingly Yours,
Chris Burns
President – Old Ox Brewery
Thanks to Max fort he tip!
by Chris Morran via Consumerist