ITC receives Section 337 complaint over beverage dispensing systems and call for cease-and-desist order.
The International Trade Commission on Aug. 2 received a complaint from Heineken International B.V., Heineken Supply Chain B.V. and Heineken USA Inc. 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 beverage dispensing systems and components thereof, the ITC said.
Heineken named as respondents Belgium-based Anheuser-Busch InBev S.A., InBev Belgium N.V. and St. Louis-based Anheuser-Busch LLC.
Heineken is seeking a limited exclusion order on imports of certain beverage dispensing systems and components thereof, 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 Aug. 22.
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.
Heineken, Anheuser-Busch tiff on tap
