The investigation is based on a complaint filed by Jaccard Corporation of Orchard Park, NY, on April 14, 2008. A letter supplementing the complaint was filed on May 6, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation and sale of certain hand-held meat tenderizers that infringe a registered trademark and trade dress owned by Jaccard. The complainant requests that the ITC issue an exclusion order and a cease and desist order.
The ITC has identified the following as respondents in this investigation:
Keystone Manufacturing Co., Inc., of Buffalo, NY; and
Chefmaster/Mr. Bar-B-Q Inc., of Old Bethpage, NY.
By instituting this investigation (337-TA-647), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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 ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC 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.