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Handbags & Luggage: Possible 337 Exclusion Order in Louis Vuitton Trademark Case

The International Trade Commission said it will not review the administrative law judge's(ALJ) finding of violations of section 337 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain handbags, luggage, accessories, and packaging thereof, by reason of infringement of trademarks held by Louis Vuitton Malletier S.A. of France and Louis Vuitton U.S. Manufacturing, Inc. of San Dimas, CA (337-TA-754). The ALJ's initial determination also recommended that the ITC issue a general exclusion order and set a bond of 100% during the period of Presidential review.

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The ITC requests comments on remedy (such remedies include exclusion orders and cease and desist orders), bonding, the HTS tariff numbers of the accused products, and the impact of any potential remedy on the public interest. Written comments on the legal issues and remedy and bonding options are due by April 26, 2012. Reply submissions are due by May 3, 2012.

If the ITC orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission's action. During this period, the subject articles would be entitled to enter the U.S. under bond, in an amount determined by the ITC.

ITC contact: Megan Valentine (202) 708-2301

(FR Pub 04/17/12, Inv. No. 337--TA--754)