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Trademark Infringement Suit Makes Bull Lock Horns in South Florida

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According to an article posted on BEVNET, a federal magistrate judge recently ruled that a South Florida company does not yet have the right to take the deposition of Dietrich Mateschitz, an Austrian marketing whiz behind the wildly successful energy drink, Red Bull.

The trademark infringement dispute began when attorneys for Austrian energy drink Red Bull sent a cease-and-desist letter to South Florida Vital Pharmaceuticals, which does business under the moniker,  VPX Sports. Red Bull claimed VPX’s product was too similar to the popular caffeinated drink.

The hearing was the latest development in an ongoing dispute dating back to October 14, 2005.  U.S. Magistrate William Turnoff in Miami made this decision, dismissing a motion to compel Mateschitz’ testimony without prejudice, telling attorney’s for VPX Sports to depose other Red Bull executives first, and then make a specific re-request to depose Mateschitz, if necessary.

Turnoff’s decision was not fruitful.  Within five minutes of attempting to schedule depostions, negotiations from both parties degenerated into a bout of bickering.

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