Certain Ink Markers and Packaging Thereof - USITC

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U.S. International Trade CommissionCOMMISSIONERSDaniel R. Pearson, ChairmanShara L. Aranoff, Vice Chairman*Deanna Tanner OkunCharlotte R. LaneIrving A. Williamson*Dean A. Pinkert**Commissioner Irving A. Williamson was sworn in on February 7, 2007, and Commissioner Dean A. Pinkert was sworn in on February 26, 2007; they didnot participate in this investigation. Commissioner Marcia E. Miller, whose term ended on September 6, 2005 recused herself from the violationdetermination in this investigation, Commissioner Shara L. Aranoff was sworn in on September 6, 2005, and participated in the remedy phase of thisinvestigation. Commissioner Stephen Koplan, whose term ended on February 6, 2007, and Commissioner Jennifer A. Hillman, whose term ended onFebruary 23, 2007, did participate in this investigation.Address all communications toSecretary to the CommissionUnited States International Trade CommissionWashington, DC 20436
U.S. International Trade CommissionWashington, DC 20436www.usitc.govIn the Matter ofCertain Ink Markers andPackaging ThereofInvestigation No. 337-TA-522Publication 3971 December 2007
Page 6 and 7: three respondents to the investigat
Page 10 and 11: ecause there is a pattern of violat
Page 12: .9. Notice of this Order shall be p
Page 15 and 16: tapered, fully-colored cap that con
Page 17 and 18: importation during the reporting pe
Page 19 and 20: VIII.ConfidentialityAny request for
Page 21 and 22: final judgment, reverses any Commis
Page 24 and 25: PUBLIC VERSIONSome respondents were
Page 26 and 27: PUBLIC VERSION19 U.S.C. 0 1337(d)(2
Page 28 and 29: PUBLIC VERSIONInv. No. 337-TA-487,
Page 30 and 31: PUBLIC VERSIONany marks or trade dr
Page 32 and 33: PUBLIC VERSIONexclusion order limit
Page 34 and 35: PUBLIC VERSIONinsufficient, the Com
Page 36: Page 2 - Certificate of ServiceON B
Page 39 and 40: like or directly competitive with t
Page 42 and 43: APPEARANCESFor Complainant Sanford,
Page 44 and 45: XIV. Bond .........................
Page 46 and 47: I. Procedural HistoryThe notice of
Page 48 and 49: Luxor International Pvt. Ltd. (Luxo
Page 50 and 51: Order Nos. 16-18, which issued on F
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Complainant argued that it should b
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“finding of infringement.” In c
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[a]s the Commission made clear in S
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a general exclusion order by substa
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of said respondents manufactures, m
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Mon Ami, in the Statement of Inform
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Sanford, at q[ 13 of its complaint,
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That reported{} (See CX-81.) ASfor
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Determination at 46-49 (referring t
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Section 43 of the Lanham Act embrac
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A representative sample drawn from
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products entered the market (Respon
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SHARPIE@ fine-point permanent marke
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(May 6,1991) (Initial Determination
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of confusion among an appreciable n
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very similar to the SHARPIE@ word m
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$20, consumers would not spend subs
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. Dr. Cogan drew{} CX-111C at 14.c.
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website showing products{listings s
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- viz. that the accused Mon Ami mar
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XI.Domestic Industry - Trademarks I
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Physical Exh. 1-6.)2. Economic Pron
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which include the SHAWlE@ internet
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under the headmg “VIII. Injury To
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industry involved in the trademarks
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market. Air Impact Wrenches, 1991 W
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the evidence shows that the foreign
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Xm. RemedySanford seeks a general e
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and Target all the way down to smal
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} (CX-36143.) Said costs would be f
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}.’, (CX-185; CX-78 6,9.)The sec
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embody the trade dress at issue: As
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This initial determination, pursuan
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CERTAIN INK MARKERS AND PACKAGINGTH
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Certain Ink Markers and Packaging Thereof - USITC

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