On July 26, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of 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 Schütz Container Systems Inc. of North Branch, New Jersey 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 intermediate bulk containers that infringe Schütz’s trade dress. See our June 27, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following as the respondents:

  • ACL Group (Intl.) Ltd. of the United Kingdom
  • Alpine Industries Inc. of Irvington, New Jersey
  • FactoryDirectSale of Ontario, California
  • Fujian Oryth Industrial Co., Ltd. (a/k/a Oryth) of China
  • Jinhua Kingwe Electrical Co., Ltd. (a/k/a Kingwe) of China
  • Penson & Co. of China
  • Taizhou Dihour Electrical Appliances Co. Ltd. (a/k/a Dihour) of China
  • TC Bunny Co., Ltd. of China
  • Toolsempire of Ontario, California
  • US Air Hand Dryer of Sacramento, California
  • Sovereign Industrial Jiaxing Co. Ltd. d/b/a Vinovo of China
  • Zhejiang Aike Appliance Co., Ltd. of China

Lastly, Chief ALJ Bullock issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this matter.