[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Notices]
[Pages 52418-52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22400]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-487]


Certain Agricultural Vehicles and Components Thereof; Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting Complainant's Motion to Amend the Complaint and Notice of 
Investigation Relating to the Leaping Deer Trademark Registration

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 not to review the initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') granting 
the motion of

[[Page 52419]]

complainant Deere & Company (``Deere'') to amend the complaint and 
notice of investigation by identifying the registration number of its 
``leaping deer'' trademark.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq, Office of the 
General Counsel, U.S. International Trade Commission, telephone (202) 
205-3095. Copies of the ALJ's ID and all other nonconfidential 
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. Hearing-impaired persons are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
(202) 205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet server (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.

SUPPLEMENTARY INFORMATION: On February 13, 2003, the Commission 
instituted this investigation based on a complaint filed by Deere, 
alleging a violation of section 337 of the Tariff Act of 1930 in the 
importation into the United States, the sale for importation, and sale 
within the United States after importation of certain agricultural 
vehicles and components thereof by reason of infringement and dilution 
of U.S. registered Trademark Nos. 1,254,339, 1,502,103, 1,503,576, and 
91,860. The complaint further alleged that an industry in the United 
States exists as required by subsections (a)(1)(A) and (a)(2) of 
section 337.
    In the complaint, Deere stated that it owned an unregistered 
``leaping deer'' mark, in addition to its registered trademarks. It 
stated also that it had applied for federal registration of the mark, 
and that it ``intend[ed] to amend this Complaint to include the leaping 
deer registration as soon as the registration is issued.'' (Complaint 
at ]] 46-47). In the motion, Deere represented that its application for 
registration of the mark was granted on June 24, 2003, and it attached 
certified copies of the registration (U.S. Trademark Registration No. 
2,729,766).
    By Commission rule 210.14(b), the complaint and notice of 
investigation may be amended after the institution of the investigation 
``only * * * for good cause shown and upon such conditions as are 
necessary to avoid prejudicing the public interest and the rights of 
the parties to the investigation.'' The ALJ found good cause for the 
amendment because the trademark registration in question did not issue 
until June 24, 2003. The ALJ also found that the amendment would not 
result in any prejudice to any of the parties in the investigation. The 
ALJ noted that Deere disclosed in the original complaint that it 
intended to assert infringement of the ``leaping deer'' mark when the 
registration issued. The ALJ found that the proposed amendments will 
not change the scope of the investigation in terms of either the 
products or issues involved. Finally, he noted that ``Deere has not 
asserted infringement of the `leaping deer' mark by any products other 
than the agricultural vehicles already at issue.''
    No party petitioned for review of the ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 
210.42, 19 CFR 210.42.

    By order of the Commission.

    Issued: August 27, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-22400 Filed 9-2-03; 8:45 am]
BILLING CODE 7020-02-P