On November 10, 2015, Saxon Glass Technologies, Inc. of Alfred, New York (“Saxon”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Apple Inc. of Cupertino, California (“Apple”) unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain electronic devices containing strengthened glass and packaging thereof that infringe Saxon’s IONEX trademark, as shown in U.S. Trademark Registration No. 2,639,419, and Saxon’s common law rights in the IONEX mark. 

According to the complaint, Saxon acquired common law trademark rights to IONEX in association with strengthened glass products and processes through use in commerce, and also holds a U.S. trademark registration on such mark.  The complaint states that IONEX is distinctive, famous, and well-known, and has acquired widespread public recognition as an indicator of source or origin and as designating exceptionally high product quality and product performance in the field of chemically-strengthened glass.

In the complaint, Saxon states that Apple imports and sells products that infringe the IONEX mark.  The complaint specifically refers to the Apple Watch and its packaging as infringing products.

Regarding domestic industry, Saxon states that it uses the IONEX mark in connection with its EpiPen Glass Cartridge, Combo-Pen Glass Cartridge, and High CS-IONEX Display Glass Cover products. Saxon further states that it engages in significant activities in the U.S.—particularly in New York—related to products that use the IONEX mark, including manufacturing, packaging, testing, marketing, and distribution. Saxon states that it currently employs 20 individuals in the U.S. in connection with such activities.

As to related litigation, Saxon states that it is currently engaged in a litigation against Apple in the U.S. District Court for the Western District of New York relating to the IONEX mark.  Saxon further states that it is engaged in an opposition proceeding with Apple before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office involving the IONEX mark.

With respect to potential remedy, Saxon requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Apple and related entities.