June 23, 2020 Jordon L. Coyle, Esq. Orrick, Herrington & Sutcliffe, LLP Columbia Center Washington, DC 20005 Re: Exclusion Order in Certain Pocket Lighters, Inv. No. 337-TA-1142 Dear Mr. Coyle: On June 22, 2020, the Commission, having found a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the above-referenced investigation, issued a general exclusion order.
The exclusion order directs U.S. Customs and Border Protection to exclude certain pocket lighters from entry into the United States while the dress remains in force.
Trademark Registration Nos. 1,761,622 and 2,278,917 (collectively, “the Asserted Trade Dress Marks”).1 Having reviewed the record of this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding.
Accordingly, the Commission has determined to issue a general exclusion order prohibiting the unlicensed entry of pocket lighters that include an oblong body which is elliptical in cross- 1 Copies of the registration certificates for the Asserted Trade Dress Marks are attached as Exhibits 1 and 2.
Pocket lighters that include an oblong body which is elliptical in cross-section, a fork which is generally parabolic in cross-section, and/or a hood which is generally parabolic in cross-section, that infringe one or more of the Asserted Trade Dress Marks (“covered articles”) are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption except under license from, or with the permission of, the trademark owner or as provided by law, until such date as the Asserted Trade Dress Marks are abandoned, canceled, or rendered invalid or unenforceable.