American Shipper

No bull, ITC probes Red Bull copyright violations

No bull, ITC probes Red Bull copyright violations

   The U.S. International Trade Commission voted on Monday to give wings to an investigation of certain energy drink products.

   The investigation is based on a complaint filed by Red Bull GmbH of Austria and Red Bull North America of Santa Monica, Calif., on May 15. The complaint alleges violations of section 337 of the 1930 Tariff Act in the importation into the United States and sale of certain energy drink products that infringe trademarks and a copyright asserted by Red Bull. The complainant requests that the ITC issue an exclusion order and cease and desist orders.

   The ITC has identified the following respondents in this investigation:

   ' Chicago Import Inc. in Chicago.

   ' Lamont Dist. Inc., of Brooklyn, N.Y.

   ' India Imports in Metaire, La.

   ' Washington Food and Supply in Washington.

   ' Vending Plus and Baltimore Beverage Co., both of Glen Burnie, Md.

   The ITC chief administrative law judge will assign the case to one of the commission's six administrative law judges, who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337, which is then subject to review by the commission.

   The ITC will make a final determination in the investigation 'at the earliest practicable time.' During the next 45 days, 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, the ITC said.