On April 17, 2015, Chief ALJ Charles E. Bullock issued the public version of Order No. 91 in Certain Footwear Products (Inv. No. 337-TA-936).
By way of background, this investigation is based on an October 14, 2014 complaint filed by Converse Inc. ("Converse") alleging violation of Section 337 in the importation into the U.S. and sale of certain footwear products that infringe U.S. Trademark Registration Nos. 4,398,753; 3,258,103; and 1,588,960. Additionally, Converse alleged violation of Section 337 based upon unfair competition/false designation of origin, common law trademark infringement and unfair competition, and trademark dilution. See our October 15, 2014 and November 14, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Order, ALJ Bullock granted a joint motion filed by Converse to terminate the investigation as to Respondent Edamame Kids, Inc. for good cause and without prejudice. Specifically, Converse explained in its motion that both it and the Commission have been unable to serve Edamame with the complaint, discovery, and other materials in the investigation and thus the inability to proceed justifies termination for good cause.