Chrysler Files New 337 Complaint Regarding Certain Automotive Vehicles
On May 14, 2010, Chrysler Group LLC of Auburn Hills, Michigan (“Chrysler”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Xingyue Group Co., Ltd. of China, Shanghai Xingyue Power Machinery Co. Ltd. of China, Shanghai Xingyue USA, Inc. of City of Industry, California, Zhejiang Xingyue Vehicle Co. Ltd. of China, Shanghai Tandem Industrial Co., Ltd. of China, Excalibur Motorsports of Chino, California, Boat N RV Supercenter of Rockwood, Tennessee, Recon Cycles of Conore, Tennessee, and Vehicles Online, Inc. of Charlotte, North Carolina (collectively, the “Proposed Respondents”) unlawfully import, sell for importation, and sell within the U.S. after importation certain automotive vehicles that infringe U.S. Patent No. D513,395 (the ‘395 patent). According to the complaint, the ‘395 patent discloses and claims the ornamental design for a vehicle body.
In the complaint, Chrysler alleges that proposed respondent Xingyue Group Co., Ltd. manufactures and imports ATVs designated as product XYJK800 that infringe the ‘395 patent. Chrysler also alleges that proposed respondent Shanghai Xingyue Power Machinery Co. Ltd. sells the infringing vehicles under the brand names Xingyue and GSMoon. Chrysler further alleges that proposed respondents Shanghai Xingyue USA, Inc. and Zhejiang Xingyue Vehicle Co. Ltd. import the infringing vehicles. Chrysler also alleges that proposed respondent Excalibur Motorsports sells the infringing XYJK800 / GP800 F1 4X4 vehicle, which it obtains from Zhejiang Xingyue Vehicle Group. In addition, Chrysler alleges that proposed respondent Shanghai Tandem Industrial Co., Ltd. manufactures and/or imports infringing vehicles designated as product TDUV800-2. Additionally, Chrysler alleges that proposed respondent Boat N RV Supercenter sells infringing vehicles designated as 09 Fuzion XYJK800, which are the same as the XYJK800 products manufactured by proposed respondent Xingyue Group Co., Ltd. Chrysler also alleges that proposed respondent Recon Cycles sells infringing vehicles designated as the Jeepzter, which it obtains from proposed respondent Xingyue Group Co., Ltd. Chrysler further alleges that proposed respondent Vehicles Online, Inc. sells infringing vehicles designated as “New 800cc Jeep,” which are likewise the same as the XYJK800 products manufactured by proposed respondent Xingyue Group Co., Ltd.
According to the Complaint, Chrysler asserts that the claimed design is embodied in its award-winning Jeep Hurricane® concept vehicle, and that “Jeep’s substantial investment and expenditures in the United States for plant and equipment, labor or capital, engineering, research and development and marketing of the Hurricane® concept vehicle that embodies the design claimed in the ‘395 patent” satisfy the domestic industry requirement.
Chrysler states in the complaint that it sued USA Wholesale Scooters, Inc., Noel Farbman, Lee Schuco d/b/a New Dynamic Ventures and d/b/a USA Scooter Store, CCF Global Corp. d/b/a Zeus Marine & Off-Road Vehicles, d/b/a Zeus Utility & Off-Road Vehicles, and d/b/a Zeus Marine Pro, Charley Flores, and Carmenza Flores-Rodriguez for trademark infringement, counterfeiting and dilution of Chrysler’s Jeep® Trademarks, Jeep Grille® Trademarks and Jeepster® Trademarks, federal unfair competition, cybersquatting, and infringement of the ‘395 patent on May 11, 2010 in the U.S. District Court for the Southern District of Florida. Chrysler further states in the complaint that although not related to the ‘395 patent, the U.S. Attorney’s Office in Puerto Rico filed suit in USA v. Four units all terrain vehicles (ATV) TDUV-800-2, Model, 3:09-cv-02209-FAB, as a result of the seizure of four of the infringing vehicles by Customs and Border Protection in Puerto Rico that were being imported from China.
With respect to potential remedy, Chrysler requests that the Commission issue a permanent exclusion order and a cease-and-desist order directed to all of the Proposed Respondents.
