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IPR Import Restrictions on Certain Toys and Games Rescinded

Tuesday, May 05, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has rescinded or modified the exclusion orders in place against the following products for intellectual property rights infringement: novelty glasses, coin-operated audio visual games and components thereof, coin-operated audio visual games and components thereof (Viz., Rally-X and Pac-Man), cube puzzles, strip lights and novelty teleidoscopes.

U.S. Customs and Border Protection notified the ITC that in each of these cases (1) the exclusion order issued more than 20 years ago and (2) it appeared that the trademarks or trade dress at issue were no longer used in commerce or that the complainant had stopped making the required compliance filings. The ITC subsequently received responses indicating that (1) the subject intellectual property is still being used in the coin-operated game and cube puzzle proceedings, (2) the intellectual property at issue in the teleidoscope proceeding is no longer used in commerce, and (3) the owner of the intellectual property in the novelty glasses proceeding no longer wants the exclusion order. The ITC did not receive any response from the owner of the intellectual property at issue in the strip lights proceeding.

As a result, the ITC is rescinding the exclusion orders on novelty glasses, strip lights and novelty teleidoscopes. The ITC is also modifying the exclusion orders on coin-operated games and cube puzzles to require the complainants to submit a semiannual report on whether they are continuing to use the subject intellectual property in commerce.

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