The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain casual footwear and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Crocs, Inc., of Broomfield, CO, on June 8, 2021, which complaint was supplemented on June 10, June 17, June 23, and June 28, 2021. The complaint, as corrected and supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain casual footwear and packaging thereof that (i) infringe one or more registered trademarks asserted by the complainant, (ii) are falsely designated as to source, or (iii) dilute one or more of the registered trademarks. The complainant requests that the USITC issue a general exclusion order, or in the alternative, a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Cape Robbin Inc. of Pomona, CA;
Bijora, Inc., d/b/a Akira of Chicago, IL;
Dr. Leonard’s Healthcare Corp., d/b/a Carol Wright of Edison, NJ;
Crocsky of Austin, TX;
Fullbeauty Brands Inc. d/b/a Kingsize of New York, NY;
Hawkins Footwear, Sports, Military & Dixie Store of Brunswick, GA;
Hobibear Shoes and Clothing Ltd. of Brighton, CO;
Hobby Lobby Stores, Inc. of Oklahoma City, OK;
Ink Tee of Los Angeles, CA;
La Modish Boutique of West Covina, CA;
Legend Footwear, Inc., d/b/a Wild Diva of City of Industry, CA;
Loeffler Randall Inc. of New York, NY;
Maxhouse Rise Ltd. of Hong Kong;
PW Shoes, Inc. a/k/a P&W of Maspeth, NY;
SG Footwear Meser Grp. Inc. a/k/a S. Goldberg & Co. of Hackensack, NJ;
Shoe-Nami, Inc., of Gretna, LA;
Sketchers USA, Inc., of Manhattan Beach, CA;
Star Bay Group Inc. of Hackensack, NJ;
Yoki Fashion International LLC of New York, NY;
Quanzhou ZhengDe Network Corp., d/b/a Amoji of Quanzhou, Fujian Province, China;
718Closeouts of Brooklyn, NY;
Royal Deluxe Accessories, LLC, of New Providence, NJ; and
Fujian Huayuan Well Import and Export Trade Co., Ltd. of Fuzhou, Fujian Province, China.
By instituting this investigation (337-TA-1270), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.