Voltino EOOD is the company that produces Big Horn energy drinks. Enchev incorporated his company, Big Horn UK Limited, in May of 2017 and began operating in the UK. Enchev was selling the Big Horn products using the logos under dispute.
Though the EUIPO (European Union Intellectual Property Office) Opposition Division rejected Red Bull’s opposition in May of 2018, that ruling was overturned on appeal in January 2017. The EUIPO Board of Appeal rejected Voltino’s application in its entirety at that time.
Since then, Enchev has claimed that starting March 1, 2019, he terminated his contract with Voltino and ceased advertising using the disputed Big Horn logo. However, in March there was still advertising on Big Horn’s Facebook page using the disputed logo.
According to court documents, Enchev was under the impression that his company’s use of the logo between the original EUIPO decision and the Board of Appeals decision was legal. However, Voltino was never granted their trademark and the initial rejection of Red Bull’s opposition did not confer any legal rights.
