On May 30, 2012, the International Trade Commission (the “Commission”) issued a notice
finding a violation of Section 337, and determining that a general exclusion order should issue in Certain Handbags and Luggage, Accessories, and Packaging Thereof
(Inv. No. 337-TA-754).
By way of background, Louis Vuitton filed a complaint requesting the ITC to commence an investigation pursuant to Section 337 against a host of respondents from Guangzhou China, Texas and California, for the unlawful import into the U.S., sale for importation, and/or sale within the U.S. after importation of certain handbags, luggage, accessories and packaging thereof that infringe U.S. Trademark Registration Nos. 297,594; 1,643,625; 1,653,663; 2,773,107; 2,177,828; 2,181,753; and 1,519,828. In effect, the respondents were alleged to be in the business of manufacturing, and/or purchasing counterfeit or trademark-infringing Louis Vuitton bags and accessories from China and selling them in the United States. See
our December 8, 2010 post
for more details. On June 10, 2011, former Chief ALJ Luckern issued an initial determination finding that Louis Vuitton satisfied the domestic industry requirement. See
our July 27, 2011 post
for more details. During the course of this Investigation, all respondents either settled or were found in default. The defaulting respondents were identified as House of Bags, Ronett Trading, Inc., EZ Shine Group, Inc., Master of Handbags, Choice Handbags, Handbag Warehouse, T&T, and The Inspired Bagger (collectively, “the Defaulting Respondents”). On March 5, 2012, Chief ALJ Charles E. Bullock granted Louis Vuitton’s motion for summary determination that the Defaulting Respondents violated section 337, and further recommended a general exclusion order (GEO) and a bond in the amount of 100% of the value of imported products. See
our March 20, 2012 post
for more details.