By Eric Schweibenz
On April 16, 2012, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Food Waste Disposers and Components and Packaging Thereof (Inv. No. 337-TA-838).

The investigation is based on a March 16, 2012 complaint and a March 29, 2012 letter supplementing the complaint filed by Emerson Electric Co. of St. Louis, Missouri alleging violation of Section 337 in the importation into the U.S. and sale of certain food waste disposers and components and packaging thereof that infringe Emerson’s trade dress rights, U.S. Patent No. D535,850, and Emerson’s INSINKERATOR trademarks, including U.S. Reg. Trademark No. 2,518,010.  See our March 19, 2012 post for more details.

According to the Notice of Investigation, the ITC has identified Anaheim Manufacturing Co. of Brea, California as the respondent in this investigation.

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