--- title: "Tens Group Statement: Beijing Red Bull's Lawyer Statement Seriously Defames Tens Group's Goodwill and Damages Red Bull Brand Interests; Will Pursue to the End!" description: "In response to the lawyer's statement issued by Red Bull Vitamin Beverage Co., Ltd. (\"Beijing Red Bull\") on July 10, Tens Pharmaceutical Healthcare Co., Ltd. (\"Tens Group\") hereby declares that the statement contains numerous falsehoods that mislead the public, threaten authorized producers and distributors, and seriously defame Tens Group's goodwill and its licensed products. Tens Group reserves all legal rights and will pursue legal action to the end." author: "New Distribution" publisher: "New Distribution" email: "zhaobo258@gmail.com" telephone: "+8615854817671" published: "2020-07-22" language: "en" canonical: "https://xinjignxiao.com/en/articles/tens-group-statement-beijing-red-bull-s-lawyer-statement-seriously-defam-33417745/" markdown: "https://xinjignxiao.com/en/articles/tens-group-statement-beijing-red-bull-s-lawyer-statement-seriously-defam-33417745.md" original_source: "https://mp.weixin.qq.com/s/rzYGpQW_8Pmf9N5o4JDUsw" translation: "https://xinjignxiao.com/zh/articles/%E5%A4%A9%E4%B8%9D%E5%A3%B0%E6%98%8E-%E5%8C%97%E4%BA%AC%E7%BA%A2%E7%89%9B%E7%9A%84%E5%BE%8B%E5%B8%88%E5%A3%B0%E6%98%8E%E4%B8%A5%E9%87%8D%E8%AF%8B%E6%AF%81%E5%A4%A9%E4%B8%9D%E5%95%86%E8%AA%89%E6%8D%9F%E5%AE%B3%E7%BA%A2%E7%89%9B%E5%93%81%E7%89%8C%E5%88%A9%E7%9B%8A-%E5%B0%86%E8%BF%BD%E7%A9%B6%E5%88%B0%E5%BA%95-33417745.md" attribution: "New Distribution — https://xinjignxiao.com/en/articles/tens-group-statement-beijing-red-bull-s-lawyer-statement-seriously-defam-33417745/" usage_policy: "https://xinjignxiao.com/ai-policy.txt" --- # Tens Group Statement: Beijing Red Bull's Lawyer Statement Seriously Defames Tens Group's Goodwill and Damages Red Bull Brand Interests; Will Pursue to the End! > In response to the lawyer's statement issued by Red Bull Vitamin Beverage Co., Ltd. ("Beijing Red Bull") on July 10, Tens Pharmaceutical Healthcare Co., Ltd. ("Tens Group") hereby declares that the statement contains numerous falsehoods that mislead the public, threaten authorized producers and distributors, and seriously defame Tens Group's goodwill and its licensed products. Tens Group reserves all legal rights and will pursue legal action to the end. **【China Beijing, July 21, 2020】** In response to the lawyer's statement issued by Red Bull Vitamin Beverage Co., Ltd. (hereinafter referred to as "Beijing Red Bull") on July 10, Tens Pharmaceutical Healthcare Co., Ltd. (hereinafter referred to as "Tens Group") hereby declares: 1. The "lawyer's statement" contains a large number of false statements contrary to the facts, deliberately misleading the public's understanding of the ownership of the Red Bull brand and Red Bull products, threatening our legally authorized manufacturers, agents, distributors, etc., and seriously defaming and damaging the goodwill of Tens Group and the reputation of its **legally licensed products "Red Bull® Anji Energy Drink"** and "Red Bull® Vitamin Flavored Beverage". We reserve the right to take all legal actions against the above acts. 2. As publicly disclosed in the National Enterprise Credit Information Publicity System, **the business term of Beijing Red Bull (Unified Social Credit Code 91110000618908360E) expired on September 29, 2018, and has not been extended.** The China International Economic and Trade Arbitration Commission has also clearly determined in its arbitral award: **The business term of Beijing Red Bull is twenty years, and it expired on September 29, 2018. The award has become effective, and the Beijing Fourth Intermediate People's Court has also rejected the application to set aside the arbitral award filed by Global Market Holdings Co., Ltd. controlled by Mr. Yan Bin, thereby confirming the validity of the arbitral award and the fact that the business term of Red Bull Vitamin Beverage Co., Ltd. has expired.** 3. Since the establishment of Beijing Red Bull, the Xu family has been its controlling shareholder and has continuously provided support for its operation and development, including financial support, process technology, product formulas, and trademark licenses. Out of trust in Mr. Yan Bin at that time, the Xu family appointed him as the chairman of Beijing Red Bull and entrusted him with the management of Red Bull's business operations in the Chinese market. However, due to Mr. Yan Bin's long-term violations of his fiduciary duties and a series of actions that harmed the interests of the company and shareholders, the major shareholder of Beijing Red Bull, Red Bull Vitamin Beverage (Thailand) Co., Ltd., made a resolution on September 20, 2016, **to remove Mr. Yan Bin from his positions as chairman and legal representative of Beijing Red Bull, and to replace several board members including him. The validity of this resolution has been confirmed by the second-instance judgment of the Bangkok Court of Appeal on August 20, 2019.** According to the Company Law of the People's Republic of China and relevant laws and regulations, a valid board resolution takes effect from the date it is made. **Therefore, since September 20, 2016, Mr. Yan Bin has no longer been the legal representative or chairman of Beijing Red Bull, and has no right to represent Beijing Red Bull in any act, nor can his acts represent the true intention of Beijing Red Bull. The former directors of Beijing Red Bull who have long been removed also have no right to authorize Beijing Red Bull to entrust a law firm to issue such a statement.** 4. Regardless of the documents issued by the Trademark Office of the National Intellectual Property Administration or the judgments of the Beijing Higher People's Court, **the ownership of the "Red Bull" series trademarks (including the Red Bull gold can 3D trademark) is clear and belongs to Tens Group. Tens Group has always held complete and independent ownership of the Red Bull series registered trademarks, which is beyond doubt and challenge. The ruling of the National Intellectual Property Administration once again proves the ownership and legal validity of Tens Group's Red Bull gold can 3D trademark.** 5. As the founder and owner of the global Red Bull brand and the "Red Bull" trademark, Tens Group reiterates that **currently, the only gold can Red Bull products legally authorized by Tens Group in the Chinese market are Red Bull® Anji Energy Drink and Red Bull® Vitamin Flavored Beverage. The trademark license agreement between Tens Group and Beijing Red Bull expired in October 2016 and has not been renewed.** 6. Given that the Red Bull trademark license agreement has expired and Beijing Red Bull's business term has also expired, Beijing Red Bull clearly has no right to continue using the Red Bull trademark in any way. Moreover, its factories and distribution companies outside its system, as well as the subsidiaries and affiliated companies under Huabin, have never obtained any trademark license from the beginning, and their acts of producing and selling Red Bull products and using the Red Bull trademark are clearly illegal. **Tens Group has already filed relevant lawsuits against the above illegal acts and related parties for Red Bull trademark infringement and unfair competition, and the relevant cases are continuously progressing. Tens Group will pursue their infringement liabilities to the end.** 7. The lawsuits filed by Beijing Red Bull and its affiliated companies actually controlled by Huabin regarding the Red Bull series trademarks are all aimed at delaying, obstructing, and disrupting the normal trial of Tens Group's prior trademark infringement lawsuits against Beijing Red Bull and Huabin's factories. However, as the core cases are gradually adjudicated, their tactics of repeated litigation and delay strategies will eventually fail. We are confident in our legal claims and factual basis, and will actively advance the litigation process to protect our legitimate rights. We believe that justice and fairness will ultimately prevail. Since first introducing Red Bull products to China in 1993, Tens Group has been fully committed to the long-term development of the Red Bull brand in the Chinese market. To this end, we have joined hands with our partners in China to launch new Red Bull products, providing Chinese consumers with high-quality, legal Red Bull products. At the same time, we are increasing our investment in China to continue contributing to the sustainable development of the local economy. Once the tip is adopted, a reward of 400-2000 yuan will be paid. --- ## Copyright and AI use This article is sourced from New Distribution. 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