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February 3, 2004 – Santa Monica, CA – On October 22, 2003, Red Bull GmbH and Red Bull North America, Inc. (collectively referred to herein as “Red Bull”) filed a complaint in the Federal District Court for the Central District of California alleging, among other things, trademark and trade dress infringement, unfair competition, and dilution in connection with the MAD CROC energy drink against various parties including Futuristic Brands USA, Inc. (“Futuristic”), based upon their distribution of the MAD CROC energy drink. On December 2, 2003, Red Bull moved for a preliminary injunction to enjoin any further sale, distribution or promotion of the MAD CROC energy drink. Futuristic as well as Ultra Premium Brands, S.A.(“UPB”) and Villemart Holdings PLC (“Villemart”) have agreed to cease selling, distributing and/or importing the current MAD CROC energy drink featuring its current trade dress in the United States and throughout the world and has agreed to modify its trade dress in the United States and throughut the world. Further, in a consent judgment entered by the Court, Futuristic has acknowledged Red Bull’s trademark and trade dress rights in connection with the RED BULL energy drink. Futuristic, UPB and Villemart have also made a substantial payment (the amount of which is confidential) to Red Bull as part of the settlement of the dispute between the parties.
Gary Smith, Executive Vice President, Red Bull North America expressed satisfaction with the outcome stating: “The outcome is another positive step in protecting the well known Red Bull brand.”
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