Certain Electric Power Tools, Battery Cartridges, and ... - USITC

~In the flatter of(--- T 14--UNITED STATES INTERNATIONAL TRADE COPWISSION rI c .Washington, D.C. 20436c c:1c-1;r-CERTAIN ELECTRIC PWER TOOLS,BAlTERY CARTRIDGES, AND 1BfiTTERY CHARGERS1Investigation No. 337-TA-284NOTICE OF COmISSION DECISIONNOT TO REVIEW INITIAL DETERMINfiTION;SCHEDULE FOR FILING WRITTEN SUBMISSIOIVSON REHEDY, THE PUBLIC INTEREST, fiND BONDINGAGENCY: U.S. International Trade Conmission.WTIOIII: Notice; request for briefs and written cornnents.SUWMRY: Notice is hereby given that the U.S. International Trade Commissionhas determined not to review an initial determination ("ID") issued by thepresiding administrative law judge ("ALJ") concerning violation of section 337of the Tariff Act of 1930 in the above-captioned investigation. However, asdiscussed below, the Cornistion has adopted only those portions of the ID whichpertain to the following issuer:jurisdiction over the parties and thesubject matter of the investigation; complainants' right to use the allegedtrademarks and whether they are.& jure functional, inherently distinctive,and have acquired secondary meaning; likelihood of confusion; falserepresentation; false advertising; parsing off; and all the elements necessaryfor 8 section 337 violation ba8ed on registered trademark infringement. Thoseportions of the ID collectively have become the Commission's finaldetermination concerning violation of section 337 in this investigation.Since those findings and conclusions are dispositive of the question ofwhether each respondent has or has not violated section 337, the Commissionhas taken no position on other issues adjudicated in the ID in connection withthe alleged violation of section 337.Since the ID holds that there has been a violation of section 337 by onerespondent, the Commission directs the parties to submit briefs and requests