82 FR 55860 - Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof: Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 225 (November 24, 2017)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 28, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of YETI Coolers, LLC of Austin, Texas. An amended complaint was filed on October 27, 2017. A supplement to the amended complaint was filed on October 31, 2017. The amended 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 insulated beverage containers, components, labels, and packaging materials thereof by reason of infringement of U.S. Trademark Registration No. 5,233,441 (``the '441 trademark''); U.S. Trademark No. 4,883,074 (``the '074 trademark''); U.S. Copyright Registration No. VA 1-974-722 (``the '722 copyright''); U.S. Copyright Registration No. VA 1-974-732 (``the '732 copyright''); U.S. Copyright Registration No. VA 1-974-735 (``the '735 copyright''); U.S. Design Patent No. D752,397 (``the '397 design patent''); U.S. Design Patent No. D780,533 (``the '533 design patent''); U.S. Design Patent No. D781,146 (``the '146 design patent''); and U.S. Design Patent No. D784,775 (``the '775 design patent'). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The amended complaint also alleges violations of section 337 based on the importation into the United States, or in the sale of certain insulated beverage containers, components, labels, and packaging materials thereof by reason of false advertising and passing off, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue limited exclusion order and cease and desist orders.

[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55860-55861]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25360]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1084]


Certain Insulated Beverage Containers, Components, Labels, and 
Packaging Materials Thereof: Institution of Investigation

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 September 28, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of YETI 
Coolers, LLC of Austin, Texas. An amended complaint was filed on 
October 27, 2017. A supplement to the amended complaint was filed on 
October 31, 2017. The amended 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 insulated beverage containers, components, 
labels, and packaging materials thereof by reason of infringement of 
U.S. Trademark Registration No. 5,233,441 (``the '441 trademark''); 
U.S. Trademark No. 4,883,074 (``the '074 trademark''); U.S. Copyright 
Registration No. VA 1-974-722 (``the '722 copyright''); U.S. Copyright 
Registration No. VA 1-974-732 (``the '732 copyright''); U.S. Copyright 
Registration No. VA 1-974-735 (``the '735 copyright''); U.S. Design 
Patent No. D752,397 (``the '397 design patent''); U.S. Design Patent 
No. D780,533 (``the '533 design patent''); U.S. Design Patent No. 
D781,146 (``the '146 design patent''); and U.S. Design Patent No. 
D784,775 (``the '775 design patent'). The amended complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The amended complaint also alleges 
violations of section 337 based on the importation into the United 
States, or in the sale of certain insulated beverage containers, 
components, labels, and packaging materials thereof by reason of false 
advertising and passing off, the threat or effect of which is to 
destroy or substantially injure an industry in the United States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended complaint, as supplemented, 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 
https://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

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

SUPPLEMENTARY INFORMATION:

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on November 15, 2017, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(A) in the 
importation or sale of certain insulated beverage containers, 
components, labels, and packaging materials thereof by reason of false 
advertising or passing off, the threat or effect of which is to destroy 
or substantially injure an industry in the United States;
    (b) 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 insulated beverage containers, components, labels, and 
packaging materials thereof by reason of infringement of one or more of 
the '722

[[Page 55861]]

copyright; the '732 copyright; the '735 copyright; the claim of the 
'397 design patent; the claim of the '533 design patent; the claim of 
the '146 design patent; and the claim of the '775 design patent; and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (c) whether there is a violation of subsection (a)(1)(C) 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 insulated beverage containers, components, labels, and 
packaging materials thereof by reason of infringement of one or more of 
the '441 trademark and the '074 trademark; 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 complainant is: YETI Coolers, LLC, 7601 Southwest Parkway, 
Austin, Texas 78735
    (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:

Alibaba (China) Technology Co., Ltd., 26/F Tower One, Times Square, l 
Matheson Street, Causeway Bay, Hong Kong
Alibaba Group Holding Limited, c/o Alibaba Group Services Limited, 26/F 
Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong
Alibaba.com Hong Kong Limited, 26/F Tower One, Times Square, 1 Matheson 
Street, Causeway Bay, Hong Kong
Alibaba.com Singapore E-Commerce Private Limited, 26/F Tower One, Times 
Square, 1 Matheson Street, Causeway Bay, Hong Kong
Bonanza.com, Inc., 3131 Western Ave, Suite 428, Seattle, WA 98121
ContextLogic, Inc. d/b/a/Wish, 1 Sansome Street, 40th Floor, San 
Francisco, CA 94104
Dunhuang Group, 6F Dimeng Commercial Building, No. 3-2 Hua Yuan Road, 
Haidian District Beijing 100191, China
Hangzhou Alibaba Advertising Co., Ltd., 26/F Tower One, Times Square, 1 
Matheson Street, Causeway Bay, Hong Kong
Huizhou Dashu Trading Co., Ltd., 2001 Unit 2, #203 Building, Jinshanhu 
Garden, Huanhu Third Road, Huicheng District, Huizhou City, Guangdong 
Province, China
Huagong Trading Co., Ltd., WANGSHIZHUANG, QINGHE County, Hebei, QINGH,, 
Hebei, China
Tan Er Pa Technology Co., Ltd., Floor 9 10, No. 29 Qianlu, Manfeng 
Village Shajing, Kwai Chung N.T., Hong Kong
Shenzhen Great Electronic Technology Co.,, Ltd., Room 3108A, Modern 
International,, Jintian Rd, Futian District, Shenzhen,, China 518000
SZ Flowerfairy Technology Ltd., 115 Room, No. 12, Building 
Pinshangyuan, Xixiang Street, Baoan District, Shenzhen, China

    (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 amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: November 17, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-25360 Filed 11-22-17; 8:45 am]
BILLING CODE 7020-02-P