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New IPR Infringement Investigation Could Yield Import Restrictions on Hand Dryers

Thursday, July 28, 2016
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-1015 to determine whether imports of hand dryers and housings therefor are violating Section 337 of the 1930 Tariff Act by reason of trade dress infringement. The products at issue include high-efficiency hand dryers typically used in restrooms in commercial settings.

Complainant Excel Dryer Inc. requests that after this investigation the ITC issue a general or limited exclusion order, which would direct U.S. Customs and Border Protection 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 the United Kingdom, China and the U.S.

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