80 FR 13629 - Certain Toy Figurines and Toy Sets Containing the Same

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 50 (March 16, 2015)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 6, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of LEGO A/S of Denmark; LEGO System A/S of Denmark; and LEGO Systems, Inc. of Enfield, Connecticut.

[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13629-13630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05920]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-948]


Certain Toy Figurines and Toy Sets Containing the Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 6, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
LEGO A/S of Denmark; LEGO System A/S of Denmark; and LEGO Systems, Inc. 
of Enfield, Connecticut.

SUPPLEMENTARY INFORMATION: Letters supplementing the complaint were 
filed on February 18, 2015 and March 10, 2015. The complaint, as 
supplemented, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain toy 
figurines and

[[Page 13630]]

toy sets containing the same by reason of infringement of U.S. Design 
Patent No. D682,367 (``the '367 patent''); U.S. Design Patent No. 
D678,432 (``the '432 patent''); U.S. Design Patent No. D689,568 (``the 
'568 patent''); U.S. Design Patent No. D672,413 (``the '413 patent''); 
U.S. Copyright Registration No. VA 1-876-291 (``the '291 copyright''); 
U.S. Copyright Registration No. VA 1-876-279 (the '279 copyright''); 
U.S. Copyright Registration No. VA 1-876-378 (``the '378 copyright''); 
and U.S. Copyright Registration No. VA 1-876-373 (``the '373 
copyright''). The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its Internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 10, 2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain toy 
figurines and toy sets containing the same by reason of infringement of 
one or more of the claim of the '367 patent; the claim of the '432 
patent; the claim of the '568 patent; the claim of the '413 patent; the 
'291 copyright; the '279 copyright; the '378 copyright; and the '373 
copyright, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

LEGO A/S, Aastvej 1, DK-7190, Billund, Denmark.
LEGO System A/S, Aastvej 1, DK-7190, Billund, Denmark.
LEGO Systems, Inc., 555 Taylor Road, Enfield, CT 06082.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

La Rose Industries LLC d/b/a CRA-Z-Art, 1578 Sussex Turnpike, Randolph, 
NJ 07869.
MEGA Brands, Inc., 4505 Hickmore, Montreal, Quebec, Canada H4T 1K4.
Best-Lock Construction Toys, Inc., Suite 300, Rivergate Plaza, 444 
Brickell Avenue, Miami, FL 33131.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-05920 Filed 3-13-15; 8:45 am]
 BILLING CODE 7020-02-P