ITC Corrects General Exclusion Order on "Red Bull" Energy Drinks
The International Trade Commission has issued a corrected general exclusion order on certain energy drink products with regard to the copyright registration number at issue.
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(The investigation was instituted based on a complaint filed by Red Bull GmbH of Austria and Red Bull North America, Inc.)
Copyright Exclusion Language Corrected, References to Copyright Added
The ITC has added certain references to the copyright and removed certain incorrect language in the order, to more closely conform to its determination.
Exclusion paragraph. The ITC has amended paragraph 1 of the order regarding the exclusions by removing incorrect language on the copyright design, and adding references to the copyright and the copyright owner as follows (new language in bold, removed language in strikethrough):
According to the general exclusion order, energy drink products that (i) infringe one or more of U.S. Trademark Reg. 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 U.S. Copyright Reg. No. VA0001410959 or a design substantiallyconfusingly similar thereto or that are otherwise misleading as to source, origin, or sponsorship are excluded from entry into the U.S. for consumption, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, except if imported by, under license from, or with the permission of the trademark and copyright owner or as provided by law, until such date as the trademarks and copyright are abandoned, canceled, or rendered invalid or unenforceable.
Annual statement paragraph. The ITC has also amended paragraph 5 of the order, regarding the annual written statement that must be filed by the Red Bull companies, by adding two references to the copyright as follows:
Complainants Red Bull GmbH and Red Bull North America, Inc. shall file a written statement with the ITC, made under oath, each year on the anniversary of the issuance of the order stating whether Red Bull GmbH and Red Bull North America, Inc. continue to use each of the aforesaid trademarks and copyright in commerce in the U.S. in connection with energy drink products, whether any of the aforesaid trademarks or copyright has been abandoned, canceled, or rendered invalid or unenforceable, and whether the complainants continue to satisfy the economic requirements of section 337(a)(2).
(See ITT's Online Archives or 09/10/10 news, 10091010, for BP summary of the original general exclusion order.)
(FR Pub 10/07/10, Inv. No. 337-TA-678)
The corrected general exclusion order is available by emailing documents@brokerpower.com.