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

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.