Two New Unfair Import Complaints
On March 28, 2006, Cabot Microelectronics Corporation filed a "Section 337" complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted involving "Chemical Mechanical Planarization Slurries." The complaint has been designated as Docket No. 337-2477 for indexing in the Commission's database, and the proposed respondent is Cheil Industries Co., of Seoul, Korea.
Also on March 31, 2006, Crocs, Inc filed a "Section 337" complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted involving "Foam Footwear." The proposed respondents are Australia Unlimited, Inc., Seattle, WA, Cheng's Enterprise Inc., Carlstadt, NJ, Collective Licensing International, LLC, Englewood, CO, D. Myers & Sons, Inc. Baltimore, MD, Double Diamond Distribution Ltd., Saskatoon, SK, Canada, Effervescent Inc. Fitchburg, MA, Gen-X Sports, Inc. Carson, CA, Holey Soles Holding Ltd., Vancouver, Canada, Inter-Pacific Trading Corp, Los Angeles, CA, Pali Hawaii, Honolulu, HI. and Shaka Shoes, Kailua-Kona, HI. The latter complaint has been designated as Docket No. 337-2478 for indexing in the Commission's database.
Such complaints typically include an allegation of intellectual property infringement and a request that the infringing godds be excluded from entry into the United States. The Commission now has 30-35 days from the filing date of the complaints in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.
Click here for more information on the importance of monitoring these ITC investigations, and click here for an audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission."
Also on March 31, 2006, Crocs, Inc filed a "Section 337" complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted involving "Foam Footwear." The proposed respondents are Australia Unlimited, Inc., Seattle, WA, Cheng's Enterprise Inc., Carlstadt, NJ, Collective Licensing International, LLC, Englewood, CO, D. Myers & Sons, Inc. Baltimore, MD, Double Diamond Distribution Ltd., Saskatoon, SK, Canada, Effervescent Inc. Fitchburg, MA, Gen-X Sports, Inc. Carson, CA, Holey Soles Holding Ltd., Vancouver, Canada, Inter-Pacific Trading Corp, Los Angeles, CA, Pali Hawaii, Honolulu, HI. and Shaka Shoes, Kailua-Kona, HI. The latter complaint has been designated as Docket No. 337-2478 for indexing in the Commission's database.
Such complaints typically include an allegation of intellectual property infringement and a request that the infringing godds be excluded from entry into the United States. The Commission now has 30-35 days from the filing date of the complaints in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.
Click here for more information on the importance of monitoring these ITC investigations, and click here for an audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission."
1 Comments:
Did Ked's sue everyone that made a white tennis shoe with a rubber sole? If crocs were the only company allowed to sell foam shoes in the U.S, wouldn't it be a monopoly? I can't wait to see how this plays out.
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