[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Notices]
[Pages 28732-28733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13782]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-398]
In the Matter of Certain Multiple Implement, Multi-Function
Pocket Knives and Related Packaging and Promotional Materials; Notice
of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed on March 13,
1997, under section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Swiss Army Brands, Inc. and Swiss Army Brand
Ltd., One Research Drive, Shelton, Connecticut 06484 and Precise
Imports Corporation (d/b/a Precise International), 15 Corporate Drive,
Orangeburg, New York 10962-2625. Supplements to the Complaint were
filed on March 21, 1997, March 27, 1997, and April 29, 1997, and
amendments were filed on March 28, 1997 and May 8, 1997. The Complaint,
as amended and supplemented, alleges a violation of section 337 in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain multiple
implement, multi-function pocket knives and related packaging and
promotional materials by reason of (a) infringement of common law
trademarks in the words ``Swiss Army'' and in a cross-and-shield
design, (b) infringement of U.S. Trademark Registration Nos. 1,734,665,
1,715,093,
[[Page 28733]]
1,636,710, 1,636,849, 1,636,878, 1,636,915, 1,636,955, 1,642,001, and
1,642,224, (c) dilution of the ``SWISS ARMY'' common law and registered
trademarks and dilution of the cross-and-shield common law and
registered trademarks, (d) infringement of Complainants' trade dress,
(e) passing off, and (f) false designation of origin. The Complaint
also alleges that there exists a domestic industry with respect to the
asserted intellectual property. The Complaint further alleges that the
threat or effect of the proposed Respondents' unfair acts is to destroy
or substantially injure that domestic industry.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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, S.W., Room 112,
Washington, D.C. 20436, telephone 202-205-2000. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Kent R. Stevens, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2579.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 C.F.R. 210.10.
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on May 19, 1997, 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)(A) 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 multiple implement, multi-function pocket knives and related
packaging and promotional materials by reason of (i) infringement of
common law trademarks in the words ``Swiss Army'' and in a cross-and-
shield design, (ii) misappropriation of trade dress, (iii) dilution of
common law trademarks in the words ``Swiss Army'' and in a cross-and-
shield design and of U.S. Registered Trademark Nos. 1,734,665,
1,715,093, 1,636,710, and 1,636,849, (iv) passing off, and (v) false
representation of source, the threat or effect of which is to destroy
or substantially injure an industry in the United States; and
(b) 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 multiple implement, multi-function pocket knives and related
packaging and promotional materials by reason of infringement of U.S.
Registered Trademark Nos. 1,734,665, 1,715,093, 1,636,710, and
1,636,849.
(2) 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 complainants are--
Swiss Army Brands, Inc., One Research Drive, Shelton, Connecticut 06484
Swiss Army Brand Ltd., One Research Drive, Shelton, Connecticut 06484
Precise Imports Corporation, d/b/a Precise International, 15 Corporate
Drive, Orangeburg, NY 10962-2625
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Arrow Trading Co., Inc., 1115 Broadway, New York, NY 10010
Ewins Hardware Pte. Ltd., Block 6, 154 Tagore Lane, Singapore 2678
China Light Industrial Products, Import and Export Co., 209 Yuan Ming
Yuan Road, Shanghai 200002, People's Republic of China
International Branded Cutlery, Inc., 98 Cuttermill Road, Great Neck, NY
11021
Thomas Jewelers, 73 North Main Street, Logan, Utah 84321
Sapp Brothers, 2914 Upland Parkway, Sidney, Nebraska 69162
(c) Kent R. Stevens, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-L,
Washington, D.C. 20436, shall be the Commission investigative attorney,
party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as 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 C.F.R. 210.13.
Pursuant to sections 201.16(d) and 210.13(a) of the Commission's Rules,
19 C.F.R. 201.16(d) and 210.13(a), such responses will be considered by
the Commission if received not later than 20 days after the date of
service by the Commission of the complaint and the notice of
investigation. Extensions of time for submitting responses to the
complaint 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 both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: May 20, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-13782 Filed 5-23-97; 8:45 am]
BILLING CODE 7020-02-P