Further, it is possible to stipulate that another sign belonging to the licensee may be used together with the licensed trademark. In such cases, at the end of the licence agreement, the licensee may continue to use its own trademark, which has benefited from the promotion during the life of the agreement. This may arise in situations where the licensee has a stronger position in the negotiations with the trademark owner. The Red Bull case confirms the principle that the goodwill attached to a trademark cannot be separated from the trademark right, and that, at the end of a licence, no compensation is due to the licensee.

However, when conducting a competitive analysis, it's equally important to keep in mind that different businesses can have different objectives for the same social media channel.

Content Development

This leads to the same conclusion as in the Red Bull case: if the owner of the WANG LAO JI trademark, when signing the licence agreement, had specified that all rights attached to the trademark, including the red can, were to return to the licensor at the termination of the agreement, litigation might have been avoided. Judging by the numbers, it seems that in TikTok's case as well, Red Bull's marketing strategy has the upper hand against Monster Energy's from multiple KPI perspectives, from generating more engagement and plays to a higher following. And like Bill Gates says, "Your most unhappy customers are your greatest source of learning." This time, they realised and were cautioned. And thus, they changed their ad slogan to "Red Bull gives you wiiings." This was another clever shot, whereby this time, none could sue Red Bull because there won't be any dictionary meaning of 'wiiings' (with 3 i's), while it would still sound like 'wings'! A superb idea, indeed. If you're curious about how you can equally get your competitor's social media data just as easily, let me walk you through the steps I took when doing this competitive analysis using Socialinsider. In May 2012, GPH licensed the WANG LAO JI mark to its subsidiary Guangdong Wanglaoji Grand Health Co, Ltd, which started using the trademark with the red can.

Though Red Bull stood up to the claim settlement, it didn't admit its wrongdoing. Or so to say, Red Bull still believed in its' wings'. This is what the company officially stated -- "Red Bull settled the lawsuit to avoid the cost and distraction of litigation. However, Red Bull maintains that its marketing and labelling have always been truthful and accurate, and denies any and all wrongdoing or liability." The cookie is set by the GDPR Cookie Consent plugin and is used to store the yes/no selection the consent given for cookie usage. It does not store any personal data. The Delhi High Court dismissed Red Bull’s application by relying primarily on the ingredients that constitute a successful injunction stating that Red Bull had failed to establish prima facie case in its favour, that both taglines were descriptive and laudatory in nature and that the balance of convenience was in favour of Pepsi as their products were already being sold for almost five years prior to the filing of the plaintiff’s case.

A brief about Red Bull

This cookie, set by YouTube, registers a unique ID to store data on what videos from YouTube the user has seen. In August 1997, Yangcheng Tonic Factory assigned the WANG LAO JI trademark to Guangzhou Pharmaceutical Holding (GPH), which continued the production and sale of the herbal tea in the green container. But with social media marketing being so complex, thanks to the many and increasing social platforms that rise every couple of years, it's hard to establish the effectiveness of a brand's social media strategy by looking at only one channel. You see, there is a very thin line separating clever and notorious. And the same works for marketing as well. A clever deceptive marketing tactic may enable a brand to take off, but in the end, if customers catch it, you won't be spared! Because ultimately, the customer is the only real boss. And as Milton Hershey quotes -- The brand creates dedicated content for each short-form video platform leveraged to reach multiple audiences

While Redbull’s marketing strategy for social media relies heavily on video content, as mentioned earlier, whether or not this was the smartest move is to be determined by looking at data. By the way, if you're aware, you would have known that Red Bull has been famous (or infamous, depends) for its widely popular advertisement -- "Red Bull gives you wings." And that's our matter of discussion today. The advertisement - a metaphor or a deception? Starting in 2003, JDB invested heavily in placing Wang Lao Ji commercials on television channels during prime time, and the red can herbal tea became famous in China. The message to practitioners is ultimately the same as for the Red Bull case: carefully draft contract clauses to avoid litigation.Red Bull is an energy drink offered by Red Bull GmbH, an Austrian private company founded in 1984. It's the brainchild of Austrian entrepreneur Dietrich Mateschitz (it's okay, we also couldn't pronounce) and Thai businessman Chaleo Yoovidhya. Also, just so you know, the founders are among the top two richest persons of their respective countries. Saying you’d be given to portray Red Bull’s brand personality using only three characteristic traits. What would those be? Good examples of this approach may be found in the car manufacturers Dongfeng/Citroën and Huachen/BMW. In both instances, the companies use the Chinese brand alongside the foreign brand. Therefore, should the relationship between the Chinese party and the foreign party come to an end for any reason, the Chinese party may continue using its own name.

Although we did not attend the court proceedings, we feel Mr Benjamin would have said something like this -- " Your honour, I have been drinking Red Bull for over 10 years. It tastes a slight little bitter, but that's okay. I don't have any complaints regarding its taste. But my problem is with the wings' thing. Your honour, after I drink Red Bull, I don't feel like flying. Don't mistake me to be foolish; I am not taking it literally. I just mean that it doesn't make me feel so athletic and energetic. Oh, and if you think that's my problem, then NO. There is a problem with the advertisement itself. Like they advertise that a can of Red Bull contains the same amount of Caffeine as a cup of coffee. But facts state that a 250ml can of Red Bull contains about 80mg of Caffeine which is much less than a smaller 207ml of coffee that contains as much as 150mg of Caffeine. And hence, I think the ad is deceptive and misleading. Thus, the premium paid over a cup of coffee also doesn't make any sense. I ought to be compensated for my expectations and consumption." Despite reports to the contrary, the company has not stopped using "Red Bull gives you wings" as its slogan. This cookie is used by LinkedIn Ads to help dunnhumby measure advertising performance. More information can be found in their cookie policy.

A Hotjar cookie that holds the current session data. This ensures that subsequent requests within the session window will be attributed to the same Hotjar session. Okay, if this was just a metaphor, where was the deception part? Under what grounds was the suit filed? And who filed it? Well, let's explore. Benjamin Careathers v. Red Bull North America, Inc. Featuring videos of professional athletes and sports enthusiasts engaged in extreme sports sessions and stunts, Red Bull’s TikTok strategy is entirely centered around the concept of storytelling. @redbull Replying to @user094488082 no doubt we'd have a 5-star rating 🤘 #redbull #givesyouwiiings #f1 #uber #ride ♬ original sound - Red Bull