A federal magistrate judge ruled Monday that a South Florida company does not yet have the right to depose the Austrian marketing whiz behind a wildly successful energy drink in a trademark infringement case.

The hearing before U.S. Magistrate Judge William Turnoff in Miami was the latest development in a dispute dating to Oct. 14, 2005, when attorneys for Austrian energy drink Red Bull sent a cease-and-desist letter to a South Florida company, claiming their product was too similar to the popular caffeinated beverage.