62328 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–552] 

In the Matter of Certain Ink Markers 

and Packaging Thereof; Issuance of a 

General Exclusion Order and a Cease 

and Desist Order; Termination of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has issued a general 

exclusion order and a cease and desist 

order in the above-captioned 

investigation and has terminated the 

investigation. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan F. Engler, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone 205–

3112. Copies of all nonconfidential 

documents filed in connection with this 

investigation are or will be 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., Washington, DC 20436, 

telephone 202–205–2000. General 

information concerning the Commission 

may be obtained by accessing its 

Internet server (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. Hearing-impaired 

persons are advised that information on 

the matter can be obtained by contacting 

the Commission’s TDD terminal on 202–

205–1810. 

SUPPLEMENTARY INFORMATION: This 

trademark-based section 337 

investigation was instituted by the 

Commission based on a complaint filed 

by Sanford, L.P. of Freeport, Illinois 

(‘‘Sanford’’ or ‘‘complainant’’). 69 FR 

52029 (August 24, 2004). The 

complaint, as supplemented, alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1337 

(‘‘Section 337’’) in the importation into 

the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain ink markers and packaging 

thereof by reason of infringement of U.S. 

Trademark Registration Nos. 807,818 

and 2,721,523 and also by reason of 

infringement of trade dress. The notice 

of investigation identified 12 

respondents. On November 10, 2004, 

the presiding administrative law judge 

(‘‘ALJ’’) granted a motion to add three 

respondents to the investigation. The 

Commission determined not to review 

this initial determination (‘‘ID’’). 69 FR 

75342 (December 16, 2004). Each 

respondent was accused of violating 

Section 337 by infringing Sanford’s 

trade dress. Certain respondents were 

also accused of infringing one or more 

of complainant’s registered trademarks. 

Between November 15, 2004, and 

June 1, 2005, the ALJ issued several IDs 

terminating various respondents on the 

basis of settlement agreements or 

consent orders. During that time period 

other IDs were issued finding several 

other respondents in default. No 

petitions for review of any of these IDs 

were filed, and the Commission 

determined not to review any of them, 

thereby allowing them to become the 

Commission’s determinations. 

On April 19, 2005, Sanford filed a 

motion seeking a summary 

determination of violation and issuance 

of a general exclusion order and a cease 

and desist order. On July 25, 2005, the 

ALJ issued Order No. 30, an ID finding 

violations of Section 337 and 

recommending the issuance of a general 

exclusion order and a cease and desist 

order to respondent Mon Ami Co. Ltd. 

(‘‘Mon Ami’’ ). He further recommended 

that the bond permitting temporary 

importation during the Presidential 

review period be set at 100 percent of 

the value of the infringing imported 

product. 

On August 5, 2005, Sanford filed a 

petition for review of one aspect of 

Order No. 30. Specifically, Sanford 

sought review of the ID’s finding that 

complainant had failed to show 

importation with respect to defaulted 

respondent LiShui Laike Pen Co., Ltd. 

The Commission investigative attorney 

(‘‘IA’’) opposed Sanford’s petition for 

review. On August 25, 2005, 

complainant filed a motion for leave to 

file a reply to the IA’s petition for 

review. 

The Commission determined, on 

September 8, 2005, not to review the 

July 25, 2005 ID (Order No. 30) finding 

a violation of Section 337, and 

established a schedule for filing 

submission on the issues of remedy, the 

public interest and bonding. 70 FR 

54079 (Sept. 13, 2005). The Commission 

also denied complainant’s motion for 

leave to file a reply. Id. Sanford and the 

IA filed timely written submissions 

regarding the issues of remedy, the 

public interest, and bonding. Sanford 

filed a reply submission. 

Having reviewed the record in this 

investigation, including the parties’

written submissions and responses 

thereto, the Commission determined 

that the appropriate form of relief in this 

investigation is general exclusion order 

and a cease and desist order to one 

respondent, Mon Ami. The general 

exclusion order prohibits the entry for 

consumption of contain ink markers and 

packaging thereof that bear SHARPIE 

Trademarks or Sanford’s protected trade 

dress, as well as any marks or trade 

dress confusingly similar thereto or that 

are otherwise misleading as to source, 

origin or sponsorship. The cease and 

desist order prohibits respondent Mon 

Ami from importing, selling, marketing, 

advertising, distributing, offering for 

sale, transferring (Except by 

exportation), and soliciting U.S. agents 

or distributors for imported ink markers 

and packaging thereof that bear 

Sanford’s protected trade dress, are 

confusingly similar thereto, or that are 

otherwise misleading as to source, 

origin or sponsorship. 

The Commission determined that the 

statutory public interest factors 

enumerated in subsections (d)(1) and 

(f)(1) of section 337 of the Tariff Act of 

1930 (19 U.S.C. 1337(d)(1) and (f)(1)) do 

not preclude the issuance of these 

remedial orders. The Commission also 

determined that the excluded ink 

markers may be imported and sold in 

the United States during the 

Presidential review period under bond 

in the amount of 100 percent of the 

entered value of such items. The 

Commission’s order and opinion in 

support thereof were delivered to the 

President and the United States Trade 

Representative on the day of their 

issuance. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and section 210.50 of the Commission’s 

Interim Rules of Practice. 

By order of the Commission. 

Issued: October 25, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–21591 Filed 10–30–05; 8:45 am] 

BILLING CODE 7020–02–M