[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Notices]
[Pages 51555-51556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24716]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-424]


Certain Cigarettes and Packaging Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 17, 1999, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Brown & Williamson Tobacco Corp., 1500 Brown & Williamson Tower, 
Louisville, Kentucky 40202. A supplement to the complaint was filed on 
September 8, 1999. The complaint, as supplemented, alleges violations 
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 cigarettes and packaging thereof by reason of (a) infringement 
of U.S. Trademark Registration Nos. 118,372, 311,961, 335,113, 366,744, 
404,302, 508,538, 747,482, 747,490, 2,055,297, 2,174,493, and 
2,218,589, (b) unfair competition under the Lanham Act, (c) improper 
importation of products under the Lanham Act, and (d) dilution of the 
registered trademarks. The complaint further alleges that there exists 
an industry in the United States with respect to the asserted 
trademarks. 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 general 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. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000.

FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2576. General information concerning the Commission 
may also be obtained by accessing its internet server (http://
www.usitc.gov).

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 
CFR 210.10 (1999).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on September 16, 1999, 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)(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 cigarettes and packaging thereof by reason of infringement of 
U.S. Trademark Registration Nos. 118,372, 311,961, 335,113, 366,744, 
404,302, 508,538, 747,482, 747,490, 2,055,297, 2,174,493, or 2,218,589, 
and whether there exists an industry in the United States as required 
by subsection (a)(2) of section 337; and
    (b) 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 cigarettes and packaging thereof by reason of (I) dilution of 
U.S. Trademark Registration Nos. 118,372, 311,961, 335,113, 366,744, 
404,302, 508,538, 747,482, 747,490, 2,055,297, 2,174,493, or 2,218,589, 
and (ii) false representation of source, or (iii) false

[[Page 51556]]

advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States.
    (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 complainant is: Brown & Williamson Tobacco Corp., 1500 
Brown & Williamson Tower, Louisville, Kentucky 40202.
    (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:

Allstate Cigarette Distributers, Inc., 6795 N.W. 87th Avenue, Miami, FL 
33178
Prestige Storage & Distribution, Inc., 3400 McIntosh Road, A-3, Ft. 
Lauderdale, FL 33316
R.E. Tobacco Sales, Inc., 782 N.W. 42nd Avenue #534, Miami, FL 33126
Dood Enterprises, Inc., 830 S. Hill Street #850, Los Angeles, CA 90014

    (c) Smith R. Brittingham IV, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-M, Washington, D.C. 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Debra 
Morriss 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 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a) of the Commission's Rules, 
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.

    By order of the Commission.

    Issued: September 17, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-24716 Filed 9-22-99; 8:45 am]
BILLING CODE 7020-02-P