[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Notices]
[Pages 68482-68483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27112]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-936]


Certain Footwear Products; Institution of Investigation Pursuant 
to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission

ACTION: Notice

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 14, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Converse Inc. of North Andover, Massachusetts. A supplement to the 
complaint was filed on November 4, 2014. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain footwear products by reason of 
infringement of U.S. Trademark Registration No. 4,398,753 (``the '753 
trademark''); U.S. Trademark Registration No. 3,258,103 (``the '103 
trademark''); and U.S. Trademark Registration No. 1,588,960 (``the '960 
trademark''), and that an industry in the United States exists as 
required by subsection (a)(2) of section 337. The complaint further 
alleges violations of section 337 based upon unfair competition/false 
designation of origin, common law trademark infringement and unfair 
competition, and trademark dilution, the threat or effect of which is 
to destroy or substantially injure an industry in the United States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and 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 SW., Room 112, Washington, 
DC 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. 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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    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 (2014).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 10, 2014, 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 footwear products by reason of infringement of one or more of 
the '753, '103, and the '960 trademarks, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (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 footwear products by reason of unfair competition/false 
designation of origin, common law trademark infringement and unfair 
competition, or trademark dilution, 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: Converse Inc., One High Street, North 
Andover, MA 01845.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Skechers U.S.A., Inc., 228 Manhattan Beach Boulevard, Manhattan Beach, 
CA 90266.
Wal-Mart Stores, Inc., 702 SW. 8th Street, Bentonville, AR 72716-8611.
A-List, Inc., d/b/a Kitson, 115 South Robertson Boulevard, Los Angeles, 
CA 90048.
Aldo Group, 2300 [Eacute]mile-B[eacute]langer, Montreal, Quebec H4R 
3J4, Canada.
Brian Lichtenberg, LLC, 825\1/2\ Silver Lake Boulevard, Los Angeles, CA 
90026.
Cmerit USA, Inc., d/b/a Gotta Flurt, 13875 Ramona Avenue, Chino, CA 
91710.
Dioniso SRL, via Pievaiola 166-f2, 06132 Perugia, Italy.
Edamame Kids, Inc., 1911-34 Avenue SW., Calgary, Alberta T2T 2C2, 
Canada.
Esquire Footwear, LLC, 385 5th Avenue, Second Floor, New York, NY 
10016.
FILA U.S.A., Inc., 930 Ridgebrook Road, Suite 200, Sparks, MD 21152.
Fortune Dynamic, Inc., 21923 Ferrero Parkway, City of Industry, CA 
91789.
Gina Group, LLC, 10 West 33rd Street, #312, New York, NY 10001.
H & M Hennes & Mauritz LP, 215 Park Avenue South, 15th floor, New York, 
NY 10003.

[[Page 68483]]

Highline United LLC d/b/a Ash Footwear USA, 44 Mercer Street, New York, 
NY 10013.
Hitch Enterprises Pty Ltd d/b/a Skeanie, Unit 3, 13 Lyell Street, 
Mittagong, New South Wales 2575, Australia.
Iconix Brand Group, Inc., d/b/a Ed Hardy, 1450 Broadway, 3rd and 4th 
Floor, New York, NY 10018.
Kmart Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179.
Mamiye Imports LLC d/b/a Lilly of New York, 1841 East 8th Street, 
Brooklyn, NY 11223.
Nowhere Co., Ltd. d/b/a Bape, 4-22-3, Sendagaya, Shibuya-Ku, 151-0051 
Tokyo, Japan.
OPPO Original Corp, 108-118 Brea Canyon Road, City of Industry, CA 
91789-3086.
Orange Clubwear, Inc., d/b/a Demonia Deviant, 14726 Goldenwest Street, 
Suite B, Westminster, CA 92683.
Ositos Shoes, Inc., d/b/a Collection'O, 9605 Rush Street, South El 
Monte, CA 91733.
PW Shoes Inc., 58-30 Grand Avenue #3A, Maspeth, NY 11378.
Ralph Lauren Corporation, 650 Madison Avenue, New York, NY 10022-1070.
Shenzhen Foreversun Industrial Co., Ltd (a/k/a Shenzhen Foreversun 
Shoes Co., Ltd), Room 1109-1112 F11, Yousong Science &Technology Bldg., 
1st Road of Donghuan, Longhua, Bao'an, Shenzhen, Guangdong Province, 
China 518109.
Shoe Shox, c/o Zulily, Inc., 2601 Elliott Avenue, Suite 200, Seattle, 
WA 98121.
Tory Burch LLC, 11 West 19th Street, 7th Floor, New York, NY 10011-
4277.
Zulily, Inc., 2601 Elliott Avenue, Suite 200, Seattle, WA 98121.
Fujian Xinya I&E Trading Co. Ltd., Floor 4, Building A, China Shoes 
Capital, Chendai Town, Jinjiang, Fujian Province, China 362200.
Zhejiang Ouhai International Trade Co. Ltd., Building B, Jinzhou 
Building, Wenzhou Avenue, Wenzhou, Zhejiang Province, China 325000.
Wenzhou Cereals Oils & Foodstuffs Foreign Trade Co. Ltd., 24th Floor, 
International Trade Centre, 236 Liming West Road, Wenzhou, Zhejiang 
Province, China 325003.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate 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)-(e) 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 and the notice of investigation 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 an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

     Issued: November 12, 2014.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-27112 Filed 11-14-14; 8:45 am]
BILLING CODE 7020-02-P