ITC Initiates Patent Investigation on Certain Cigarettes and Packaging Thereof
The International Trade Commission has instituted a section 337 patent-based investigation of certain cigarettes and packaging thereof pursuant to a complaint.
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Complaint Requests Exclusion and Cease & Desist Orders
The complaint, filed on behalf of Philip Morris USA Inc. of Richmond, Virginia, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain cigarettes and packaging thereof that infringe U.S. Trademark Registration Nos. 68,502; 938,510; 1,039,412; 1,544,782; 1,651,628; 378,340; 865,627; 1,164,854; 894,450; 912,374; 912,375; 1,227,743; 1,897,685; and 1,602,699.
The complainant requests that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
G.K.L. International SRL d.b.a. All-cigarettes-brands.com of Moldova;
Emarket Systems Ltd. d.b.a. All-discount-cigarettes.com of Belize;
Jamen Chong d.b.a. Asiadfs.com of Singapore;
Tri-kita d.b.a. Cheapcigarettes4all.com of Ukraine;
Mr. Eduard Lee d.b.a. Cigarettesonlineshop.com of Kyrgyzstan;
Zonitech Properties Limited d.b.a. Cigline.net of Gibraltar;
Eugenia Moskovchuk d.b.a. Cigoutlet.biz of Moldova;
Best Products Solution Limited d.b.a. Dirtcheapbutts.com of United Kingdom;
Cendano d.b.a. Galastore.com of Gibraltar;
LMB Trading SA d.b.a. k2smokes.ch of Switzerland;
Ms. Svetlana Trevinska d.b.a. Save-on-cigarettes.com of Ukraine;
Zonitech Properties Limited d.b.a. Shopping-heaven.com of Gibraltar; and
G.K.L. International SRL d.b.a. smokerjim.net of Moldova.
Determination of Violation to be Made by ALJ, Reviewed by ITC
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Kecia Reynolds (202) 205-2580
ITC notice (Inv. No. 337-TA-643, FR Pub 04/04/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-7005.pdf
ITC press release (08-031, dated 04/01/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0401ff1.htm