On September 8, 2010, the International Trade Commission issued a notice of issuance of a general exclusion order in Certain Energy Drink Products (Inv. No. 337-TA-678).

By way of background, the Complainants in this investigation are Red Bull GmbH and Red Bull North America, Inc. (collectively, “Red Bull”).  According to the notice, the ITC “determined that the appropriate relief is a general exclusion order prohibiting the unlicensed entry of certain energy drink products that (i) infringe U.S. Trademark Registration Nos. 3,092,197; 2,946,045; 2,994,429; or 3,479,607 or any marks confusingly similar thereto or that are otherwise misleading as to source, origin, or sponsorship, or (ii) bear Red Bull’s U.S. Copyright Registration No. VA0001410959 or a design confusingly similar thereto or that are otherwise misleading as to source, origin or sponsorship.”

The ITC further determined that the public interest factors did not preclude issuance of the general exclusion order.