For the news circulating on the Internet, China Red Bull immediately stood up and issued a statement: False, don't believe it! In response to the first-instance judgment of Heilongjiang Higher People's Court issued by Tencent on April 23rd, China Red Bull issued a statement on the 25th, saying that since 20 16, Tencent in Thailand has initiated lawsuits against China Red Bull and its industrial chain partners in many places. The judgment 12 of Heilongjiang Higher People's Court, like other first-instance judgments, is not an effective judgment and has no res judicata and execution.
Moreover, China Red Bull stressed that the "50-year agreement" clearly stipulated that China Red Bull would have the exclusive right to produce and sell red bull drinks in China within 50 years, which must include the right to use the trademark. According to the agreement, Tencent Thailand has no right to operate Red Bull drinks in China, nor has it the right and necessity to use the Red Bull trademark in China. China Red Bull said that it had found the original "50-year agreement" and pushed the Supreme Court for retrial.
Subsequently, in response to Tencent's receipt of the judgment, on April 23, the People's Daily Health Client reporter called China Red Bull, and the staff told the reporter that China Red Bull was still in normal production and sales, and consumers and businesses could buy China Red Bull normally. The reporter also found that on Taobao and many online sales platforms, only a few shops are still selling red bull vitamin functional drinks (namely China Red Bull). China Red Bull staff said that online sales channels are under negotiation, and China Red Bull can still be bought in online supermarkets.
Below, come with me to understand the general story, which is easier to understand:
1984, Yan Bin, Chairman of Hua Bin Group, founded Hua Bin Group in Thailand. 1995, Xu Shubiao, the developer of Red Bull Beverage and founder of Tencent Group, awarded the operation right of Tencent Red Bull in China to Yan Bin, founder of Hua Bin Group. 20 12, after Xu Shubiao's death, his son Xu Xiong Xin took over Tencel Company. Later, on 20 16, he sued many factories, sales companies and even distributors of Hua Bin Group on the grounds of "infringement of the exclusive right to use registered trademarks" and "unfair competition".
From 20 16, Huabin Red Bull, a subsidiary of Hua Bin Group, and Tencel Company from Thailand were caught in a "tug-of-war" lawsuit over the cooperation period of Red Bull trademark authorization.
Tencent believes that the cooperation period between the two parties is 20 years. "A number of trademark licensing contracts filed by the Trademark Office show that Tencent's trademark licensing period for the joint venture company will end on 20 16 10 6." On this basis, Tencel asked Hua Bin Group's factories to stop using the trademark "Red Bull" and demanded compensation for economic losses. China Hongniu Huabin said that when Xu Shubiao was alive, he signed a "50-year agreement". Article 1 stipulates that only China Red Bull has the right to produce and sell red bull drinks in China. Article 7 stipulates that the validity period of the agreement is 50 years.
On the other hand, as a functional drink, Red Bull has many drivers in China, just like many friends in go on road trip around me. They all have 2~3 boxes in their cars, which has been the first functional drink in China market for 20 years.
Then the question is, if red bull is banned from production and sales, does it mean that red bull can't be bought in China? Will China people never drink Red Bull again?
My personal opinion may not be correct. I think, from the common sense, the original defendant and the defendant were originally cooperative, but the term of cooperation was controversial. The focus of the dispute is whether the cooperation period is 20 years or 50 years. So Red Bull should not disappear in China. If you really lose the case, it may only disappear with the packaging pattern or style. Who knows!
Anyway, the trademark dispute of China Red Bull has become a long-term problem, involving many market subjects and great interests. We really need more extensive communication and consultation with all parties to find a fair and reasonable solution.