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[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Notices]               
[Page 14974-14975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr02-103]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-114, Exclusion Order Modification Proceeding]

 
In the Matter of Certain Miniature Plug-In Blade Fuses; Notice of 
Exclusion Order Modification

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that changed conditions have caused the 
U.S. International Trade Commission to modify the trade dress provision 
of the general exclusion order issued on January 13, 1983, in the 
above-captioned investigation. In light of certain judicial decisions, 
the Commission modified that provision by removing a reference to 
``product configuration'' from the description of ``trade dress.'' As a 
result, the modified provision requires the exclusion of imported 
miniature plug-in blade fuses having a trade dress, i.e., a packaging, 
simulating that of Littelfuse, Inc.

FOR FURTHER INFORMATION CONTACT: P. N. Smithey, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3061. General information concerning the Commission, the above-
captioned investigation, and the exclusion order modification 
proceeding also may be obtained by accessing its Internet server, 
<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.usitc.gov">http://www.usitc.gov</A>.
    Hearing-impaired individuals can obtain information concerning this 
matter by contacting the Commission's TDD terminal at 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the subject 
investigation in 1982 to determine whether there was a violation of 
section 337 of the Tariff Act of 1930 (19 USC 1337 (1978 and 1981 
Supp.)) in the importation or sale of certain miniature plug-in blade 
fuses that allegedly misrepresented their place of geographic origin, 
infringed the complainant's patents and/or trademarks, misappropriated 
the complainant's trade dress, were passed off as merchandise of the 
complainant, or were the subject of false advertising. The complainant 
was the patent and trademark owner, Littelfuse, Inc., of Des Plaines, 
Illinois, a firm that manufactures and markets electronic devices, 
including the subject fuses.\1\ The Commission named nine firms in 
Taiwan and three domestic firms as respondents in the investigation, 47 
FR 1448, Jan. 13, 1982.
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    \1\ Miniature plug-in blade fuses are installed in automobiles 
as original equipment. They also are sold in the automotive 
aftermarket, as replacement parts for original equipment.
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    The investigation resulted in the issuance of a general exclusion 
order in 1983, requiring, among other things, the exclusion of imported 
miniature plug-in blade fuses having a trade dress, i.e., a product 
configuration and/or packaging, simulating that of complainant 
Littelfuse. Certain Miniature Plug-In Blade Fuses, Inv. No. 337-TA-114, 
USITC Publication 1337 (Jan. 1983), Commission Action and Order at page 
2, paragraph 2 (Jan. 13, 1983).
    As the result of a Commission-initiated modification proceeding 
under 19 CFR 210.76 (see 66 FR 9359, Feb. 7, 2001, and Commission Order 
(Feb. 1, 2001)), the Commission concluded that conditions which led to 
the inclusion of product configuration in the trade dress provision of 
the exclusion order no longer exist. In particular, the product 
configuration protected by that provision was, by Littelfuse's 
admission, substantially the same configuration that the U.S. District 
Court for the Northern District of Georgia, Atlanta Division, found to 
be functional and not entitled to trademark protection. See the 
unpublished Judgment and the unpublished Order issued on January 7, 
1998 in Civil Action No. 1:95-CV-2445-JTC, Wilhelm Pudenz Gmbh [and] 
Wickmann USA, Inc. v. Littelfuse, Inc. (The U.S. Court of Appeals for 
the Eleventh Circuit affirmed the District Court's decision. Wilhelm 
Pudenz GmbH v. Littlefuse [sic], Inc., 177 F.3d 1204, 51 U.S.P.Q.2d 
1045 (11th Cir. 1999).)
    The Commission accordingly has modified the trade dress provision 
of its section 337 exclusion order by deleting the reference to product 
configuration. The modified provision thus requires the exclusion of 
imported miniature plug-in blade fuses having a trade dress, i.e., a 
packaging, simulating that of Littelfuse.

[[Page 14975]]

    Upon request, all nonconfidential documents filed or issued in the 
investigation or the exclusion order modification proceeding will be 
made available for public inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Commission's Office of the Secretary, 
Dockets Branch, 500 E Street, SW., Room 112, Washington, DC 20436, 
telephone 202-205-1802.
    In addition, the Final Determination and Commission Order effecting 
the modification and all nonconfidential documents filed or issued in 
the modification proceeding are available for inspection on the 
Commission's Web site. To access them, go to the ``ITC RESOURCE PAGE,'' 
and then click on ``EDIS On-Line for Public File Room.''

    By order of the Commission.

    Issued: March 20, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-7404 Filed 3-27-02; 8:45 am]
BILLING CODE 7020-02-P

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