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IPR Enforcement: Athletic Footwear, Quartz Slabs

Friday, August 12, 2016
Sandler, Travis & Rosenberg Trade Report

Athletic Footwear. The International Trade Commission received Aug. 10 on behalf of Reebok International Ltd. and Reebok International Limited a petition requesting that it institute a Section 337 investigation regarding athletic footwear. The proposed respondents are located in the U.S.

Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted. The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.

Quartz Slabs. The ITC has instituted investigation 337-TA-1017 to determine whether imports of quartz slabs and portions thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainant Cambria Company LLC requests that after this investigation the ITC issue an exclusion order, which would direct CBP to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Vietnam, China and the U.S.

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