On October 31, 2016, ALJ Theodore R. Essex issued Order No. 21 finding Respondents Penson & Co. (“Penson”) and Taizhou Dihour Electrical Appliances Co. Ltd. (“Taizhou”) in default in Certain Hand Dryers and Housings for Hand Dryers (Inv. No. 337-TA-1015).
By way of background, this investigation is based on a June 15, 2016 complaint filed by Excel Dryer Inc. (“Excel”) alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain hand dryers and housings for hand dryers that infringe Excel’s trade dress. See our June 27 and July 26, 2016 posts for more details on the Complaint and Notice of Investigation, respectively.
According to the Order, after Penson and Taizhou failed to respond to the Complaint and Notice of Investigation, ALJ Essex issued Order No. 20 requiring Penson and Taizhou to show cause why they should not be found in default. No response was received by Penson or Taizhou, who also had failed to submit discovery statements, respond to any discovery requests, or otherwise participate in the investigation in any way. Thus, the ALJ found Penson and Taizhou in default.