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IPR Enforcement Actions on Outdoor Grills, Cleaning Products

Tuesday, August 27, 2013
Sandler, Travis & Rosenberg Trade Report

Potential IPR Probe of Outdoor Grills Evaluated for Public Interest Issues. The International Trade Commission is requesting comments no later than Sept. 4 on any public interest issues raised by a Section 337 intellectual property rights infringement complaint filed on behalf of A&J Manufacturing LLC and A&J Manufacturing Inc. against certain multiple mode outdoor grills and parts thereof. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint 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 complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its 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.

New IPR Infringement Investigation of Household Cleaning Products. The International Trade Commission has instituted investigation 337-TA-891 to determine whether imports of certain laundry and household cleaning products and related packaging are violating Section 337 of the 1930 Tariff Act by reason of trademark infringement and/or dilution. The products at issue include bleach, laundry detergent, all-purpose cleaners, bathroom cleaning products, disinfecting cleaners, and disinfecting wipes.

Complainant The Clorox Company requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the 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 Mexico and the U.S.

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