Kiwi Red Bull rival can keep selling over summer

On its Facebook page, Red said: "We think you'll be able to spot the difference."

A New Zealand energy drinks maker can continue to use its existing branding over the summer, as Red Bull's bid for an injunction against it won't go before a High Court judge until next March.

Global giant Red Bull is seeking a High Court injunction against Drink Red, a Christchurch-based company, to stop it from trading under its current brand.

Drink Red released a vodka and energy pre-mixed drink under the name "Red" earlier this year.

Lawyers for both sides were initially due to appear in the High Court at Auckland today for a scheduling hearing but that did not go ahead.

The Herald understands the injunction won't be argued before a judge until next March.

Almost immediately upon Red's launch, the drink attracted the attention of Red Bull, whose lawyers wrote to its new competitors alleging perceived copyright breaches.

"It was inevitable that the Red beverage would gain sales as a result of being associated with Red Bull and that it would mislead and deceive consumers," it said.

"It even smells and tastes like Red Bull energy drink."

The cheeky Kiwi-based manufacturer of the 7 per cent alcoholic drink responded by using quotes from Red Bull's legal threat in some of its marketing campaigns.

It even put its red-and-white cans alongside Red Bull's distinctive blue-and-silver cans and asked consumers, "Can you spot the difference?"

Red Bull makes the biggest selling energy drink in the world, with more than five billion cans sold every year.