Certain Energy Drinks and Labeling and Packaging Thereof; Inv. No. 337-TA-1502

The USITC instituted Investigation No. 337-TA-1502 based on Monster Energy Company's complaint alleging Section 337 violations through importation and U.S. sale of gray market energy drinks bearing Monster's asserted trademarks. The investigation names multiple domestic and foreign respondents and covers energy drinks, labeling, and packaging manufactured for distribution and sale solely outside the United States but imported into the U.S. This investigation targets alleged gray market importation in the energy drink sector, focusing on trademark rights and control over authorized distribution channels rather than patents or technical product features. A general or limited exclusion order could significantly affect parallel importers, wholesalers, and downstream sellers of foreign-market Monster-branded beverages in the U.S. Monster Energy Company asserts U.S. Trademark Registration Nos. 6,760,278, 6,451,182, 2,903,214, and 3,434,821 under Section 337(a)(1)(C). The accused products are gray market energy drinks and related labeling and packaging manufactured for sale outside the United States but bearing the asserted Monster trademarks. Monster seeks a general exclusion order or, alternatively, a limited exclusion order, along with cease and desist orders against the named respondents.