BIC Corp. is seeking a general exclusion order for imports of several different brands of lighters.
The International Trade Commission on Thursday received a complaint from BIC Corp. seeking relief under Section 337 of the Tariff Act of 1930 for alleged intellectual property law violations by the importation, sale for importation and sale within the United States after importation of certain pocket lighters, the ITC said.
BIC named as respondents City of Industry, Calif.-based Arrow Lighter Inc.; China-based Benxi Fenghe Lighter Co. Ltd.; College Point, N.Y.-based Excel Wholesale Distributors Inc.; San Diego-based Milan Import Export Company LLC; Hong Kong-based Wellpine Company Limited; and China-based Zhuoye Lighter Manufacturing Co. Ltd.
BIC is seeking a general exclusion order, or alternatively a limited exclusion order, on imports of certain pocket lighters, cease-and-desist orders on their sale and imposition of a bond during the ITC’s 60-day review period.
ITC remedy orders in Section 337 cases are effective upon issuance and become final 60 days later, unless disapproved for policy reasons by the Office of the U.S. Trade Representative within that two-month period.
The ITC is seeking comments on any public interest issues raised by the complaint no later than by the close of business on Dec. 20.
Section 337 of the Tariff Act of 1930 declares infringement of a U.S. patent, copyright, registered trademark or mask work to be unlawful in import trade. The provision also holds as unlawful other unfair methods of competition and unfair acts in the importation and subsequent sale of products in the United States, the threat or effect of which is to destroy or substantially injure a domestic industry, prevent establishment of such an industry or restrain or monopolize U.S. trade and commerce.
If it finds violations under the statute, the ITC may issue orders prohibiting the importation of certain products into the United States.
BIC alleges IP infringement of other lighters
