• ITC Decides Not to Review Initial Determination in Certain Energy Drink Products (337-TA-678)
  • May 20, 2010 | Author: Eric W. Schweibenz
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On May 14, 2010, the International Trade Commission issued a notice determining not to review an Initial Determination (“ID”) issued by Chief ALJ Paul J. Luckern on March 30, 2010 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.  The Respondents are Avalon International General Trading, LLC (“Avalon”), Posh Nosh Imports (USA), Inc. (“Posh Nosh”), Greenwich, Inc. (“Greenwich”), Advantage Food Distributers (“Advantage Food”), Central Supply, Inc. (“Central Supply”), Chicago Import Inc. (“Chicago Import”), and Lamont Dist., Inc. (“Lamont”).  On March 30, 2010, ALJ Luckern issued the ID finding that Avalon, Posh Nosh, Greenwich, Advantage Food, Central Supply, and Chicago Import violated Section 337 in connection with the importation into the U.S., sale for importation, or sale within the U.S. after importation of certain energy drink products that infringe U.S. Trademark Reg. Nos. 3,092,197, 2,946,045, 2,994,429, and 3,479,607 and U.S. Copyright Reg. No. VA0001410959

    According to the May 14 notice, no petitions for review of the ID were filed, and the Commission determined not to review the ID.