By Eric SchweibenzOn January 2, 2014, ALJ Dee Lord issued Order No. 16 in Certain TV Programs, Literary Works For TV Production And Episode Guides Pertaining to Same (Inv. No. 337-TA-886).
By way of background, this investigation is based on a complaint filed by E.T. Radcliffe, LLC of Dallas, Texas and Emir Tiar of Coto De Caza, California alleging violation of Section 337 in the importation into the U.S. and sale of certain TV programs, literary works for TV production and episode guides pertaining to same that infringe copyrights asserted by the Complainants. The complaint also alleges violations of Section 337 in the importation into the U.S., sale for importation, and sale after importation of certain TV programs, literary works for TV production and episode guides pertaining to same, by reason of unfair methods of competition and unfair acts, the threat or effect of which is to destroy or substantially injure an industry in the United States. See our June 10, 2013 post for more details on the complaint and our July 12, 2013 post for more details on the notice of investigation.
According to the Order, ALJ Lord denied a motion filed by Respondent Mindset Television, Inc. to terminate the investigation based on a consent order for submitting a Consent Order Stipulation that failed to comply fully with the requirements of Commission Rule 210.21(c)(3).