The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain motorized vehicles and components thereof.  The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by FCA US LLC of Auburn Hills, MI, on August 1, 2018.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain motorized vehicles and components thereof that infringe trade dress and trademarks asserted by the complainant.  The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Mahindra & Mahindra Ltd. of Mumbai, India; and
Mahindra Automotive North America, Inc., of Auburn Hills, MI.

By instituting this investigation (337-TA-1132), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain self-anchoring beverage containers.  The products at issue in the investigation are beverage containers that attach themselves to surfaces on which they are put (such as desks or tables), making it difficult to knock them over, while still allowing users to pick them up.

The investigation is based on an amended complaint filed by Alfay Designs, Inc., of Rahway, NJ; Mighty Mug, Inc., of Rahway, NJ; and Harry Zimmerman of Los Angeles, CA, on December 1, 2017.  The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain self-anchoring beverage containers that infringe patents and a registered trademark asserted by the complainants.  The complainants request that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Telebrands, Corp. of Fairfield, NJ;
HIRALIY of Guangdong Province, China;
Chekue (Shenzhen Chekue Trading Co. Ltd.) of Guangdong Province, China;
Tapcet (Guangzhou Tinghui Trade Co., Ltd.) of Guangdong Province, China;
OUOH (Zhejiang OUOH Houseware Co., Ltd.) of Zhejiang Province, China;
DevBattles of Ternopil, Ukraine;
OTELAS, MB of Klaipeda, Lithuania; and
Artiart Limited of Taipei, Taiwan.

By instituting this investigation (337-TA-1092), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain reusable diapers, components thereof, and products containing same.  The products at issue in the investigation are reusable cloth diapers.

The investigation is based on a complaint filed by Cotton Babies, Inc., of Fenton, MO, on September 19, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain reusable diapers, components thereof, and products containing same that infringe a patent and a registered trademark asserted by the complainant.  The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Alvababy.com of ShenZhen, Guangdong, China;
Shenzhen Adsel Trading Co., Ltd., d/b/a Alva of Shenzhen, Guangdong, China; and
Huizhou Huapin Garment Co., Ltd., of Huizhou, Guangdong, China.

By instituting this investigation (337-TA-1077), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies.  The products at issue in the investigation include components used in the complainant’s industrial automation systems that bear the complainant’s Allen-Bradley® trademarks and that use the complainant’s copyrighted software and firmware.

The investigation is based on a complaint filed by Rockwell Automation, Inc., of Milwaukee, WI, on September 6, 2017.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe trademarks and copyrights asserted by the complainant.  Additionally, the complainant alleges that the proposed respondents engage in unfair methods of competition and unfair acts in acquiring and then importing into the United States products unlawfully obtained from the complainant’s authorized distributors. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Can Electric Limited of Guangzhou, Guangdong, China;
Capnil (HK) Company Limited of Hong Kong;
Fractioni (Hongkong) Ltd. of Shanghai, China;
Fujian Dahong Trade Co., Ltd., of Fujian, China;
GreySolution Limited d/b/a Fibica of Hong Kong;
Huang Wei Feng d/b/a A-O-M Industry of Shenzhen, China;
KBS Electronics Suzhou Co., Ltd., of Shanghai, China;
PLC-VIP Shop d/b/a VIP Tech Limited of Hong Kong;
Radwell International, Inc., d/b/a PLC Center of Willingboro, NJ;
Shanghai EuoSource Electronic Co., Ltd., of Shanghai, China;
ShenZhen T-Tide Trading Co., Ltd., of Shenzhen, China;
SoBuy Commercial (HK) Co. Limited of Jiangsu, China;
Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi d/b/a Easy Micro-optics Co. LTD. of Suzhou, Jiansu, China;
Wenzhou Sparker Group Co. Ltd., of Wenzhou, China; and
Yaspro Electronics (Shanghai) Co., Ltd., of Shanghai, China.

By instituting this investigation (337-TA-1074), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof.  The products at issue in the investigation are medical supply, trauma and training products, including spine boards, cervical collars, CPR masks, and training manikins. 

The investigation is based on a complaint filed by Laerdal Medical Corp. of Wappingers Falls, NY, and Laerdal Medical AS of Stavanger, Norway, on March 21, 2016.  An amended complaint was filed on May 18, 2016.  A supplement to the amended complaint was filed on June 7, 2016.  The amended complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof that infringe patent, copyright, trademark, and trade dress rights asserted by the complainants.  The complainants request that the USITC issue a general exclusion order, or alternatively a limited exclusion order, and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Shanghai Evenk International Trading Co., Ltd., of Shanghai, China;
Shanghai Honglian Medical Instrument Development Co., Ltd., of Shanghai, China;
Shanghai Jolly Medical Education Co., Ltd., of Shanghai, China;
Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., of Ziangjiagang City, Jiangsu, China;
Zhangjiagang New Fellow Med Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical Equipment Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangsu Yongxin Medical-Use Facilities Making Co., Ltd., of Zhangjiagang City, Jiangsu Province, China;
Jiangyin Everise Medical Devices Co., Ltd., of Jiangyin City, Jiangsu, China;
Medsource International Co., Ltd. and Medsource Factory, Inc., of PuDong, China;  and
Basic Medical Supply, LLC, of Richmond, TX.

By instituting this investigation (337-TA-1008), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain electronic devices containing strengthened glass and packaging thereof.  The products at issue in the investigation are Apple, Inc.’s electronic devices containing strengthened glass such as the Apple Watch Sport.

The investigation is based on a complaint filed by Saxon Glass Technologies, Inc., of Alfred, NY, on November 10, 2015 and subsequently amended on December 24, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electronic devices containing strengthened glass and packaging thereof that infringe a U.S. registered trademark and common law rights in the same mark.  The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.

The USITC has identified Apple, Inc., of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-981), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain arrowheads with deploying blades and components thereof and packaging therefor.  The products at issue in the investigation are arrowheads for hunting with blades that deploy upon impacting a target.

The investigation is based on a complaint filed by FeraDyne Outdoors LLC and Out RAGE LLC, both of Cartersville, GA, on November 17, 2015.  A supplement to the complaint was filed on December 4, 2015.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain arrowheads with deploying blades and components thereof and packaging therefor that infringe patents and a trademark asserted by the complainants.  The complainants request that the USITC issue a general exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

Linyi Junxing Sports Equipment Co., Ltd., of Linyi, Shandong, China;
Ningbo Faith Sports Co., Ltd., of Ningbo, Zhejiang, China;
Ningbo Forever Best Import & Export Co. Ltd. of Jiangsu, China;
Ningbo Linkboy Outdoor Sports Co., Ltd., of Ningbo, Zhejiang, China;
Shenzhen Zowaysoon Trading Company Ltd. of Shenzhen, China;
Xiamen Xinhongyou Industrial Trade Co. Ltd. of Xiamen, Fujian, China;
Xiamen Zhongxinyuan Industry & Trade Ltd. of Xiamen, Fujian, China;
Zhengzhou IRQ Trading Limited Company of Henan, China; and
Zhengzhou Paiao Trade Co., Ltd., of Zhengzhou, Henan, China.

By instituting this investigation (337-TA-977), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food waste disposers and components and packaging thereof. The products at issue in this investigation are undersink-mounted food waste disposers.

The investigation is based on a complaint filed by Emerson Electric Co. of St. Louis, MO, on March 16, 2012. A letter supplementing the complaint was filed on March 29, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain food waste disposers and components and packaging thereof by reason of design patent infringement, registered trademark and common law trademark infringement, trade dress infringement, passing off and trademark dilution. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified Anaheim Manufacturing Company of Brea, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-838), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

 

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain food containers, cups, plates, cutlery, and related items, and packaging thereof.

The investigation is based on a complaint filed by Fabri-Kal Corporation of Kalamazoo, MI, on March 6, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain food containers, cups, plates, cutlery, and related items, and packaging thereof, that infringe a registered trademark asserted by Fabri-Kal. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified the following as respondents in this investigation:

Green Wave International Inc. of Brooklyn, NY;
Trans World International (New York), Inc. of Brooklyn, NY;
John Calarese & Co, Inc. of Medway, MA; and
Eco Greenwares Corporation of Fremont, CA.

By instituting this investigation (337-TA-835), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

Subscribe to Trademark infringement