Notice2021-14653
Institution of Investigation; Certain Casual Footwear and Packaging Thereof
Primary source
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Published
July 9, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 8, 2010, under section 337 of the Tariff Act of 1930, as amended, on behalf of Crocs, Inc. of Broomfield, Colorado. Supplements to the complaint were filed on June 10, June 17, June 23, and June 28, 2021. The complaint, as corrected and supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain casual footwear and packaging thereof by reason of infringement of one or more of U.S. Trademark Registration No. 3,836,415 ("the '415 mark"); U.S. Trademark Registration No. 5,149,328 ("the '328 mark"); and U.S. Trademark Registration No. 5,273,875 ("the '875 mark") (collectively, "Asserted Trademarks"), and that an industry in the United States exists as required by the applicable Federal Statute. The complaint, as corrected and supplemented, further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain casual footwear and packaging thereof, by reason of false designation of source or trademark dilution, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 86 Issue 129 (Friday, July 9, 2021)</title>
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[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36303-36304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14653]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1270]
Institution of Investigation; Certain Casual Footwear and
Packaging Thereof
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 8, 2010, under section 337
of the Tariff Act of 1930, as amended, on behalf of Crocs, Inc. of
Broomfield, Colorado. Supplements to the complaint were filed on June
10, June 17, June 23, and June 28, 2021. The complaint, as corrected
and supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain casual
footwear and packaging thereof by reason of infringement of one or more
of U.S. Trademark Registration No. 3,836,415 (``the '415 mark''); U.S.
Trademark Registration No. 5,149,328 (``the '328 mark''); and U.S.
Trademark Registration No. 5,273,875 (``the '875 mark'') (collectively,
``Asserted Trademarks''), and that an industry in the United States
exists as required by the applicable Federal Statute. The complaint, as
corrected and supplemented, further alleges violations of section 337
based upon the importation into the United States, or in the sale of
certain casual footwear and packaging thereof, by reason of false
designation of source or trademark dilution, the threat or effect of
which is to destroy or substantially injure an industry in the United
States. The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order, and cease and
desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#97d2d3dec4a4dff2fbe7d7e2e4fee3f4b9f0f8e1"><span class="__cf_email__" data-cfemail="3e7b7a776d0d765b524e7e4b4d574a5d10595148">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
[[Page 36304]]
2000. General information concerning the Commission may also be
obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 6, 2021, ordered that --
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) Whether there is a violation of subsection (a)(1)(C) of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain products identified in paragraph (2) by reason of infringement
of one or more of the Asserted Trademarks, and whether an industry in
the United States exists as required by subsection (a)(2) of section
337;
(b) whether there is a violation of subsection (a)(1)(A) of section
337 in the importation into the United States, or in the sale of
certain products identified in paragraph (2), by reason of false
designation of source or trademark dilution, the threat or effect of
which is to destroy or substantially injure an industry in the United
States;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``casual footwear with
holes in the upper and such footwear's packaging'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Crocs, Inc., 13601 Via Varra, Broomfield,
Colorado 80020.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Cape Robbin Inc., 1943 West Mission Blvd., Bldg. F, Pomona, CA 91766
Bijora, Inc., d/b/a Akira, 200 N Fairfield Ave., Chicago, IL 60612
Dr. Leonard's Healthcare Corp. d/b/a Carol Wright, 100 Nixon Ln.,
Edison, NJ 08837
Crocsky, 1401 Lavaca St., Austin, TX 78701
Fullbeauty Brands Inc. d/b/a Kingsize, 1 New York Plaza, New York, NY
10004
Hawkins Footwear, Sports, Military & Dixie Store, 6083 New Jesup Hwy.,
Suite J, Brunswick, GA 31523
Hobibear Shoes and Clothing Ltd., 173 N 17th Ct., Brighton, CO 80601
Hobby Lobby Stores, Inc., 707 SW 44th St., Oklahoma City, OK 73179
Ink Tee, 811 Wilshire Blvd., Los Angeles, CA 90017
La Modish Boutique, 1773 W San Bernardino Rd., Suite B25, West Covina,
CA 91790
Legend Footwear, Inc., d/b/a Wild Diva, 19445 E Walnut Drive North,
City of Industry, CA 91789
Loeffler Randall Inc., 588 Broadway, Ste. 1203, New York, NY 10012
Maxhouse Rise Ltd., Flat A, 25/F, United Centre, 95 Queensway, Hong
Kong
PW Shoes, Inc. a/k/a P&W, 5830 Grand Ave., 3a, Maspeth, NY 11378
SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co., 3 University Plz
#400, Hackensack, NJ 07601
Shoe-Nami, Inc., 91 Westbank Expressway, Gretna, LA 70053
Skechers USA, Inc., 228 Manhattan Beach Blvd., Manhattan Beach, CA
90266
Star Bay Group Inc., 390-400 Railroad Ave., Hackensack, NJ 07601
Yoki Fashion International LLC, 1410 Broadway, Suite 1005, New York, NY
10018
Quanzhou ZhengDe Network Corp., d/b/a Amoji, Rm. C-409, No. 2 YanZhi
Gallery, Licheng District, Quanzhou, Fujian Province, China 362002
718 Closeouts, 1181 Liberty Ave., Brooklyn, NY 11208
Royal Deluxe Accessories, LLC, 165 Spring St., New Providence, NJ 07974
Fujian Huayuan Well Import and Export Trade Co., Ltd., Rm. 02,
Connector of Hongyuan Building 1 and 2, No. 246 Hualin Road, Huada
Residential District, Gulou District, Fuzhou, Fujian Province, China
350001
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: July 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-14653 Filed 7-8-21; 8:45 am]
BILLING CODE 7020-02-P
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