By Eric Schweibenz
On April 3, 2012, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Food Storage Containers, Cups, Plates, Cutlery, and Related Items and Packaging Thereof (Inv. No. 337-TA-835).

The investigation is based on a March 6, 2012 complaint filed by Fabri-Kal Corp. of Kalamazoo, Michigan alleging violation of Section 337 in the importation into the U.S. and sale of certain food storage containers, cups, plates, cutlery, and related items and packaging thereof that infringe Fabri-Kal’s U.S. Trademark Registration No. 3,945,021 for GREENWARE®.  See our March 8, 2012 post for more details.

According to the Notice of Investigation, the ITC has identified Green Wave International, Inc. of Brooklyn, New York, Trans World International (New York), Inc. of Brooklyn, New York, John Calarese & Co., Inc. of Medway, Massachusetts, and Eco Greenwaves Corp. of Fremont, California as the respondents in this investigation.

Additionally, Chief ALJ Charles E. Bullock issued a notice indicating that he will be the presiding Administrative Law Judge in this investigation.