UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of .
`
`.
`
`CERTAIN NOVELTY GLASSES
`
`Investigation No. 337-TA-055
`
`In the Matter of
`
`CERTAIN COIN-OPERATED AUDIO
`VISUAL GAMES AND COMPONENTS
`THEREOF
`
`Investigation No, 337-TA-087
`
`In the Matter of
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`CERTAIN COIN-OPERATED AUDIO
`VISUAL GAMES AND COMPONENTS
`THEREOF (v1z., RALLY-X AND
`PAC-MAN)
`.
`
`Investigation No. 337-TA-105
`
`In the Matter of
`
`CERTAIN CUBE PUZZLES
`
`Investigation No. 337-TA-112
`
`

`
`In the Matter of
`
`CERTAIN STRIP LIGHTS
`
`Investigation No. 337-TA-287
`
`In the Matter of
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`CERTAIN NOVELTY TELEID()SCOPES
`
`I“v°“igafi°“ N°' 337'TA'295
`
`NOTICE OF COMMISSION DETERMINATION TO RESCIND
`THREE EXCLUSION ORDERS AND TO MODIFY THREE EXCLUSION ORDERS
`
`AGENCY:
`
`U.S. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the U.S. Intemational Trade Commission has
`determined to rescind the exclusion orders issued in the following investigations: Certain
`Novelty Glasses, Inv. N0. 337-TA-055, Exclusion Order (July 11, 1979); Certain Strip Lights, Inv.
`No. 337-TA-287, Exclusion Order (September 28, 1989) (“the 287 investigation”); and Certain
`Novelty Teleidoscopes, Inv. No. 337-TA-295, Exclusion Order (April 11, 1990) (“the 295
`investigation”). The Commission has also modified the exclusion orders issued in the following
`investigations: Certain Coin-Operated Audio Visual Games and Components Thereofl Inv. No.
`337-TA-087, Exclusion Order (June 25, 1981) (“the 087 investigation”); Certain Coin-Operated
`Audio Visual Games and Components Thereof (Viz, Rally-X and PAC MAN), Inv. No.
`337-TA-105, Exclusion Order (January 15, 1982) (“the 105 investigation”); and Certain Cube
`Puzzles, Inv. No. 337-TA-112 (“the 112 investigation”).
`
`FOR FURTHER INFORMATION CONTACT: Clint Gerdine,Esq., Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 708-2310. Copies of non-confidential documents filed in connection with this
`investigation are or will be available for inspection during official business hours (8:45 a.m. to
`5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, S.W.,
`Washington, D.C. 20436, telephone (202)205-2000. General information concerning the
`Commission may also be obtained by accessing its lntemet server at http://www.usitc.gov. The
`public record for this investigation may be viewed on the Commission's electronic docket (EDIS)
`at http://edis. usitc.gov. Hearing-impaired persons are advised that information on this matter can
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`be obtained by contacting the Commission’s TDD terminal on (202) 205~l810.
`
`SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection (“CBP”)
`notified the Commission that the six above-identified exclusion orders may be candidates for
`rescission based on changed conditions of fact or law. Each of the above-identified exclusion
`orders issued over twenty (20) years ago and each resulted from a Commission investigation
`alleging a violation of section 337 based on at least trademark or trade dress infringement. CBP’s
`preliminary investigation indicated that the trademarks or trade dress at issue in the exclusion
`orders were no longer used in commerce or that complainant had stopped making required
`compliance filings. See EDIS Document Nos. 542137-42.
`
`On October 22, 2014, the Commission issued a notice requesting submissions from the
`public, including»the owners of the intellectual property (e.g., trademarks or trade dress) at issue,
`on whether these exclusion orders should be rescinded based on changed conditions of fact or law,
`or the public interest, pursuant to 19 C.F.R. § 210.76.
`79 Fed. Reg. 64214 (Oct. 28, 2014). The
`Commission received submissions from the owners of the intellectual property at issue in the 087,
`105, and 112 investigations showing continued use of tl1esubject intellectual property. The
`Commission did not receive any submission from the owner of the intellectual property at issue in
`the 287 investigation. The owner of the intellectual property at issue in the 295 investigation
`stated that the subject intellectual property of the exclusion order was no longer used in commerce.
`The owner of the intellectual property at issue in the 055 investigation stated that it no longer
`wants the remedy of the exclusion order. The Commission received no other submissions.
`
`Based on the foregoing, the Commission has determined that the lack of a showing of
`continued use of the intellectual property at issue in the 287 and 295 investigations, and the lack of
`an interest in continuing the remedy in the 055 investigation constitute “changed conditions of fact
`or law, or the public interest” sufficient to justify rescission of the exclusion orders issued in those
`investigations pursuant to 19 C.F.R. § 2-10.76(a)(l). The Commission has therefore rescinded
`those exclusion orders.
`
`the Commission has modified the
`Also pursuant to Commission rule 2l0.76(a)(l),
`exclusion orders issued in Certain Coin-Operated Audio Visual Games and Components Thereoj’,
`Inv. No.‘337-TA-087; Certain Coin-Operated Audio Visual Games and Components Thereof
`(Viz.,Rally-X and PAC MAN), Inv. No. 337-TA-105; and Certain Cube Puzzles, Inv. No.
`337-TA-112 to require that complainant report to the Commission, on a semi-annual basis,
`whether complainant is continuing to use the subject intellectual property in commerce.
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`The authority for the C0mmission’s determination is contained in section 337 of the Tariff
`Act of 1930, as amended, 19U.S.C. § 1337, and in Part 210 of the C0mmission’s Rules of Practice
`and Procedure, 19 C.F.R. Part 210.
`
`By order of the Commission.
`
`Issued: April 29, 2015
`
`'
`
`.
`Lisa R. Barton _
`Secretary to the Commission
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`4
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`

`
`Certain Cube Puzzles
`
`Inv. No.33?-TA-112
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Office of Unfair Import Investigations, and the following parties as indicated, on April
`29, 2015.
`
`Complainants:
`
`lHasbr0, Inc. (current owner)
`1027 Newport Avenue
`lPawtucket, RI 02861-1059
`
`[Rt-rspondentsz
`
`lP.G. Continental, Inc.
`558 Pilgrim Drive, Suite A
`Foster City, CA 99404
`
`obert S. Hong & Co., Ltd.
`O Box 8-59
`Taipei, Taiwan
`
`ll\/IaruwaGain Corp.
`N0. 15-1, Alley 2, Lane 250
`Nanking E. Rd., Sec. 5 PO Box 48-371
`Taipei, Taiwan
`
`‘I
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`C
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`Lisa R. Barton, Secretary
`U.S. Intemational Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
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