Certain Motorized Vehicles and Components Thereof; Institution of Investigation |
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Topics: Mahindra
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Lisa Barton
International Trade Commission
13 September 2018
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46517-46518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19904]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1132]
Certain Motorized Vehicles and Components 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 August 1, 2018, under section
337 of the Tariff Act of 1930, as amended, on behalf of FCA US LLC of
Auburn Hills, Michigan. The 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
certain motorized vehicles and components thereof by reason of: (1)
Infringement of U.S. Trademark Registration No. 4,272,873 (``the '873
mark''); U.S. Trademark Registration No. 2,862,487 (``the '487 mark'');
U.S. Trademark Registration No. 2,161,779 (``the '779 mark''); U.S.
Trademark Registration No. 2,794,553 (``the '553 mark''); and U.S.
Trademark Registration No. 4,043,984 (``the '984 mark''); (2) trademark
dilution and
[[Page 46518]]
unfair competition violating the complainant's common law trademark
rights; and (3) trade dress infringement. The complaint further alleges
that an industry in the United States exists and that the alleged
violations have the threat or effect of causing substantial injury to
that industry as required by the applicable Federal Statutes.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue 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 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 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 7, 2018, 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) 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 products identified in paragraph (2) by reason of trade dress
infringement, trademark dilution, or infringement of common law
trademarks, 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)(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 products identified in paragraph (2) by reason of infringement
of one or more of the '873 mark; the '487 mark; the '779 mark; the '553
mark; and the '984 mark, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``motorized vehicles,
kits and assemblies for motorized vehicles, and replacement and
aftermarket components for motorized vehicles'';
(3) Pursuant to section 210.10(b)(3) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(3), the presiding
Administrative Law Judge shall hold an early evidentiary hearing, find
facts, and issue an early decision, within 100 days of institution
except for good cause shown, as to whether the complainant is
contractually barred from enforcing its intellectual property against
the named respondents. In the alternative, the presiding Administrative
Law Judge may decide this issue through summary determination
proceedings if he or she determines that no material facts are in
dispute. Notwithstanding any Commission Rules to the contrary, which
are hereby waived, any such decision should be issued in the form of an
initial determination (ID) under Rule 210.42(a)(3), 19 CFR
210.42(a)(3). The ID will become the Commission's final determination
30 days after the date of service of the ID unless the Commission
determines to review the ID. Any such review will be conducted in
accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR
210.43, 210.44, and 210.45;
(4) 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: FCA US LLC, 1000 Chrysler Drive, Auburn
Hills, MI 48321.
(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:
Mahindra & Mahindra Ltd., Mahindra Towers, Dr. G.M. Bhosle Marg, P.K.
Kurne Chowk, Worli, Mumbai 400 018, India
Mahindra Automotive North America, Inc., 275 Rex Boulevard, Auburn
Hills, MI 48326
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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: September 7, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-19904 Filed 9-12-18; 8:45 am]
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