The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain foam footwear. The products at issue in this investigation are clog-shaped foam shoes of various models and colors.

The investigation is based on a complaint filed by Crocs, Inc., of Niwot, CO, on March 31, 2006. An amended complaint was filed on April 27, 2006. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain foam footwear that infringes two patents owned by Crocs, Inc., and that infringes Crocs' trade dress. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Australia Unlimited, Inc., of Seattle, WA;
Cheng's Enterprises Inc. of Carlstadt, NJ;
Collective Licensing International, LLC, of Englewood, CO;
D. Myers & Sons, Inc., of Baltimore, MD;
Double Diamond Distribution Ltd. of Canada;
Effervescent Inc. of Fitchburg, MA;
Gen-X Sports, Inc., of Carson, CA;
Holey Soles Holding Ltd. of Canada;
Inter-Pacific Trading Corp. of Los Angeles, CA;
Pali Hawii of Honolulu, HI; and
Shaka Shoes of Kailua-Kona, HI.

By instituting this investigation (337-TA-567), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.