IPR Import Restrictions Sought on Lip Balm Products, Toner Supply Containers
The International Trade Commission received June 12 on behalf of eos Products LLC and The Kind Group LLC a petition requesting that it institute a Section 337 investigation regarding certain lip balm products, containers for lip balm and components thereof. The proposed respondents are located in China and the U.S.
The ITC also received June 12 on behalf of Canon Inc., Canon USA Inc. and Canon Virginia Inc. a petition requesting that it institute a Section 337 investigation regarding certain toner supply containers and components thereof. The proposed respondents are located in Taiwan and 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.
The ITC is requesting comments no later than June 26 on any public interest issues raised by these complaints. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to these complaints would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:
- explain how the articles potentially subject to the orders are used in the U.S.;
- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;
- identify like or directly competitive articles that the complainants, their licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;
- indicate whether the complainants, their licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and
- explain how the requested orders would impact U.S. consumers.