š„¤Investigation Notice for Electrolyte Beverages Trademark Violations
Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Notice of Institution of Investigation
Summary
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 27, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of CAB Enterprises, Inc. of Houston, Texas, Sueros y Bebidas Rehidratantes, S.A. de C.V. of Mexico, Brazos River Ventures LLC of Albany, New York, and Electrolit Manufacturing USA Inc. of Albany, New York. A supplement to the Complaint was filed on January 15, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electrolyte containing beverages and labeling and packaging thereof by reason of infringement of one of more of U.S. Trademark Registration No. 4,222,726 ("the '726 mark"); U.S. Trademark Registration No. 4,833,885 ("the '885 mark"); U.S. Trademark Registration No. 4,717,350 ("the '350 mark"); and U.S. Trademark Registration No. 4,717,232 ("the '232 mark") (collectively, "Asserted Trademarks"). The complaint, as supplemented, further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Agencies
- International Trade Commission
Business Impact
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The notice indicates an ongoing investigation into possible trademark infringements regarding electrolyte beverages. This can impact businesses involved in the importation or sale of such products, potentially leading to exclusion orders or cease-and-desist actions that may affect their operations and market access within the U.S.