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Certain Self-Anchoring Beverage Containers; Institution of Investigation

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 31, 2017, under section 337 of the Tariff Act of 1930, as amended, on b...

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 31, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Mighty Mug, Inc. of Rahway, New Jersey. An amended complaint was filed on December 1, 2017, on behalf of Alfay Designs, Inc., of Rahway, New Jersey, Mighty Mug, Inc., of Rahway, New Jersey, and Harry Zimmerman of Los Angeles, California. Supplements to the amended complaint were filed on December 4, 8, 19, and 22, 2017. The amended complaint 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 self-anchoring beverage containers by reason of infringement of (1) certain claims of U.S. Patent No. 8,028,850 (``the '850 patent'') and U.S. Patent No. 8,757,418 (``the '418 patent''); and (2) U.S. Trademark Registration No. 4,191,803 (``the '803 trademark''). The amended complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order and cease and desist orders.

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83 FR 835

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“Certain Self-Anchoring Beverage Containers; Institution of Investigation,” thefederalregister.org (January 8, 2018), https://thefederalregister.org/documents/2018-00104/certain-self-anchoring-beverage-containers-institution-of-investigation.