On November 17, 2015, Chief ALJ Charles E. Bullock issued a notice of the Initial Determination (“ID”) 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 notice:
It is held that a violation of section 337 of the Tariff Act of 1930, as amended, has been found in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain footwear products with respect to U.S. Trademark Registration Nos. 3,258,103; 1,588,960; and 4,398,753, but not as to the asserted common law trademarks.
The notice issued by ALJ Bullock released only the limited information above. We will provide further information after the public version of the ID is issued.