The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain ink markers and packaging thereof.

The investigation is based on a complaint filed by Sanford, L.P., of Freeport, IL, on July 20, 2004, alleging 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 ink markers and packaging thereof that infringe registered trademarks owned by Sanford, L.P., or infringe Sanford's asserted trade dress. A letter supplementing the complaint was filed on August 10, 2004. The complainant requests that the ITC issue a permanent general exclusion order and permanent cease and desist orders.

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

Asia Global (HK) Ltd. of Hong Kong;
Bangkit USA, Inc. of Vernon, CA;
Cixi City Heng Bao Pen Manufacturer of China;
Cixi Guancheng Yangtse River Pen Company of China;
Lineplus Corporation of South Korea;
LiShui Laike Pen Co., Ltd. of China;
Luxor International Pvt. Ltd. of India;
MidWestern Home Products, Inc. of Columbus, OH;
Mon Ami Co., Ltd. of South Korea;
Ningbo Beifa Group Co., Ltd. of China;
Southern States Marketing, Inc. of Marietta, GA; and
Uchida of America Corporation of Torrance, CA.

By instituting this investigation (337-TA-522), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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 President of the United States within that 60-day period.