ITC Institutes Patent Investigation on Certain Hand-Held Meat Tenderizers
The International Trade Commission has instituted a section 337 patent-based investigation on certain hand-held meat tenderizers pursuant to a complaint.
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(The products at issue in this investigation are gadgets used in restaurant and home kitchens to prepare meat.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Jaccard Corporation of Orchard Park, New York, 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 hand-held meat tenderizers by reason of infringement of U.S. Trademark Registration No. 1,172,879 and also by reason of infringement of trade dress, the threat or effect of which is to destroy or substantially injure an industry in the U.S..
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:
Keystone Manufacturing Co., Inc., of Buffalo, NY; and
Chefmaster/Mr. Bar-B-Q Inc., of Old Bethpage, NY.
ALJ to Determine if Violation Occurred
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 - Anne Goalwin (202) 205-2574
ITC notice (Inv. No. 337-TA-647, FR Pub 05/14/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-10687.pdf
ITC press release (08-045, dated 05/08/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0508ff1.htm