[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Notices]
[Page 25712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10420]
[[Page 25712]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-055; Investigation No. 337-TA-087;
Investigation No. 337-TA-105; Investigation No. 337-TA-112;
Investigation No. 337-TA-287; Investigation No. 337-TA-295]
Certain Novelty Glasses; Certain Coin-Operated Audio Visual Games
and Components Thereof; Certain Coin-Operated Audio Visual Games and
Components Thereof (Viz., Rally-X and Pac-Man); Certain Cube Puzzles;
Certain Strip Lights; Certain Novelty Teleidoscopes; Notice of
Commission Determination To Rescind Three Exclusion Orders and To
Modify Three Exclusion Orders
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to rescind the exclusion orders issued in the
following investigations: Certain Novelty Glasses, Inv. No. 337-TA-055,
Exclusion Order (July 11, 1979); Certain Strip Lights, Inv. No. 337-TA-
287, Exclusion Order (September 28, 1989) (``the 287 investigation'');
and Certain Novelty Teleidoscopes, Inv. No. 337-TA-295, Exclusion Order
(April 11, 1990) (``the 295 investigation''). The Commission has also
modified the exclusion orders issued in the following investigations:
Certain Coin-Operated Audio Visual Games and Components Thereof, Inv.
No. 337-TA-087, Exclusion Order (June 25, 1981) (``the 087
investigation''); Certain Coin-Operated Audio Visual Games and
Components Thereof (Viz., Rally-X and PAC MAN), Inv. No. 337-TA-105,
Exclusion Order (January 15, 1982) (``the 105 investigation''); and
Certain Cube Puzzles, Inv. No. 337-TA-112 (``the 112 investigation'').
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection (``CBP'')
notified the Commission that the six above-identified exclusion orders
may be candidates for rescission based on changed conditions of fact or
law. Each of the above-identified exclusion orders issued over twenty
(20) years ago and each resulted from a Commission investigation
alleging a violation of section 337 based on at least trademark or
trade dress infringement. CBP's preliminary investigation indicated
that the trademarks or trade dress at issue in the exclusion orders
were no longer used in commerce or that complainant had stopped making
required compliance filings. See EDIS Document Nos. 542137-42.
On October 22, 2014, the Commission issued a notice requesting
submissions from the public, including the owners of the intellectual
property (e.g., trademarks or trade dress) at issue, on whether these
exclusion orders should be rescinded based on changed conditions of
fact or law, or the public interest, pursuant to 19 CFR Sec. 210.76.
79 FR 64214 (Oct. 28, 2014). The Commission received submissions from
the owners of the intellectual property at issue in the 087, 105, and
112 investigations showing continued use of the subject intellectual
property. The Commission did not receive any submission from the owner
of the intellectual property at issue in the 287 investigation. The
owner of the intellectual property at issue in the 295 investigation
stated that the subject intellectual property of the exclusion order
was no longer used in commerce. The owner of the intellectual property
at issue in the 055 investigation stated that it no longer wants the
remedy of the exclusion order. The Commission received no other
submissions.
Based on the foregoing, the Commission has determined that the lack
of a showing of continued use of the intellectual property at issue in
the 287 and 295 investigations, and the lack of an interest in
continuing the remedy in the 055 investigation constitute ``changed
conditions of fact or law, or the public interest'' sufficient to
justify rescission of the exclusion orders issued in those
investigations pursuant to 19 CFR Sec. 210.76(a)(1). The Commission
has therefore rescinded those exclusion orders.
Also pursuant to Commission rule 210.76(a)(1), the Commission has
modified the exclusion orders issued in Certain Coin-Operated Audio
Visual Games and Components Thereof, Inv. No. 337-TA-087; Certain Coin-
Operated Audio Visual Games and Components Thereof (Viz., Rally-X and
PAC MAN), Inv. No. 337-TA-105; and Certain Cube Puzzles, Inv. No. 337-
TA-112 to require that complainant report to the Commission, on a semi-
annual basis, whether complainant is continuing to use the subject
intellectual property in commerce.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and
in Part 210 of the Commission's Rules of Practice and Procedure, 19 CFR
part 210.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-10420 Filed 5-4-15; 8:45 am]
BILLING CODE 7020-02-P