By Eric Schweibenz
On June 12, 2009, the U.S. International Trade Commission voted to institute an investigation of Certain Energy Drink Products (337-TA-678).

The investigation is based on the May 15, 2009 complaint filed by Red Bull GmbH of Austria and Red Bull North America, Inc. of Santa Monica, California (collectively, “Red Bull”).  As we explained in our May 18 post, the complaint alleges that certain respondents unlawfully import into the U.S., sell for importation, and sell and distribute within the U.S after importation gray market energy drink products which are materially different from Red Bull’s energy drink.  The Notice of Investigation names the following companies as respondents in this matter:

  • Chicago Import Inc. of Chicago, Illinois;

  • Lamont Dist., Inc. a/k/a Lamont Distributors Inc. of Brooklyn, New York;

  • India Imports, Inc., a/k/a International Wholesale Club of Metairie, Louisiana;

  • Washington Food and Supply of D.C., Inc. a/k/a Washington Cash & Carry;

  • Vending Plus, Inc. of Glen Burnie, Maryland; and

  • Baltimore Beverage Co. of Glen Burnie, Maryland.

Red Bull asserts that these proposed respondents have violated Section 337 by infringing Red Bull U.S. Trademark Reg. Nos. 3,092,197; 2,946,045; 2,994,429; and 3,479,607, as well as Red Bull Copyright Reg. No. VA0001410959.

On June 12, 2009, Chief ALJ Luckern issued a notice indicating that he will handle this investigation.

Also, according to the Notice of Investigation, Juan Cockburn of the Office of Unfair Import Investigations is the Investigative Attorney assigned to handle this investigation.