ITC Institutes Patent Investigation on Certain "Red Bull" Energy Drink Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain energy drink products pursuant to a complaint.
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Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Red Bull GmbH of Austria and Red Bull North America, Inc. of Santa Monica, California, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain energy drink products that infringe U.S. Trademark Registration Nos. 3,092,197; 2,946,045; 2,994,429; and 3,479,607 and U.S. Copyright Registration No. VA0001410959.
The complainants request that after the investigation, the ITC issue a general exclusion order and cease and desist orders.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337:
Chicago Import Inc. of Chicago, IL;
Lamont Dist. Inc., aka Lamont Distributors Inc. of Brooklyn, NY;
India Imports, Inc., aka International Wholesale Club of Metairie, LA;
Washington Food and Supply of D.C., Inc., aka Washington Cash & Carry of Washington, DC;
Vending Plus, Inc. of Glen Burnie, MD; and
Baltimore Beverage Co. of Glen Burnie, MD.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Juan Cockburn (202) 205-2572
ITC notice (Inv. No. 337-TA-678, FR Pub 06/17/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-14205.pdf
ITC press release (No. 09-045, dated 06/15/09) available at http://www.usitc.gov/ext_relations/news_release/2009/er0615gg2.htm