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Certain Products with Gremlins Character Depictions in Investigation No, 337-TA-201

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Certain Products with Gremlins Character Depictions in Investigation No, 337-TA-201 UNITED STATES I~TE~N~T~~N~~T CQMMISSIQNERS Paula Stern, Chelr Susan W. Llebeler, Vice Ch Alfred E. bkes Sseley 6. Lodwlck Anne E. B~unsdale Address all eommnnications to Kenneth pi. Mason, Secretary to the Coxmimion United States International Trade eomplission Washington, c- - UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. 20436 / I ;>>; hi? 1 In the Matter of 1 Investigation No. 337-TA--201 1 CERTAIN PRODUCTS WITH GREMLINS ) CHARACTER DEPICTIONS 1 NOTICE OF COMMISSION DECISION TO REVERSE A PORTION OF INITIAL DETERMINATION; TERMINATION OF INVESTIGATION ON THE BASIS OF NO VIOLATION OF SECTION 337 OF THE TARIFF ACT OF 1930 AGENCY: U.S. International Trade Commission. ACTION: Notice is hereby given that the Commission has determined to reverse that part of the presiding administrative law judge's initial determination (ID) finding that complainant's licensing program can be a domestic industry under section 337, and to terminate the investigation on the basis that there is of no violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 5 1337). SUMMFIRY: The Commission has determined to reverse that part of an ID that found complainant's licensing program to be a domestic industry under section 337. The investigation is therefore terminated on the basis that there is no violation of section 337. FOR FURTHER INFORMATION CONTACT: N. Tim Yaworski, Esq,, Office of the General Counsel, telephone 202-523-0311. Hearing impaired individuals may obtain TDD information on this matter by contacting the Commission's terminal at 202-724-0002. SUPPLEMENTARY INFORMATION: On September 12, the presiding administrative law judge issued an ID in the above-captioned investigation. The ID found that (1) certain imported products infringe complainant's Warner Bros., Inc.'s copyrights; (2) there are domestic industries, including one consisting of complainant's licensing program for the Gremlins copyrights; (3) the domestic licensing industry is efficiently and economically operated; and (4) respondents' unfair practices have the tendency to substantially injure the domestic licensing industry, but no other domestic industry. -2- On October 30, 1985, the Commission determined to review those portions of the ID relating to industry and injury. Notice of this investigation was published in the Federal Register of August 30, 1984 (49 F.R. 34422-23. Copies of the public version of the Action and Order, Commission opinion, and all other nonconfidential documents filed in connection with this investigation are 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, 701 E Street, N.W., Washington, D.C. 20436, telephone 202-S23-O161. By order of the Commission. -&ne& RI. Mason secretary UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, DOC.20436 ) In the Matter of 1 Investigation No. 337-TA-201 1 CERTAIN PRODUCTS WITH "GREMLINS" ) CHARACTER DEPICTIONS 1 1 COMMISSION CICTION AND ORDER Background A complaint was filed with the Commission on July 25, 1984, by Warner Brothers, Inc. (Warner), alleging unfair acts and methods of competition in the unauthorized importation and sale of certain products with "Gremlins" character depictions. The Commission on August 22, 1984, instituted the above-captioned investigation to determine whether there is a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation of ' S certain products with "Gremlins" character depictions into the United States, or in their sale, by reason of alleged: (1) infringement of U.S. Copyright Reg. No. VAu 54-951; (2) infringement of U.S. Copyright Reg. No. VAu 54-952; and (3)'infringementof U.S. Copyright Reg. No. PAu 214-201, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and ec~nomicallyoperated, in the United States. On September 12, 1985, the presiding administrative law judge (ALJ) issued an initial determination (ID) in the above-captioned investigation. The ID found that: (1) Warner's copyrights are infringed; (2) there are domestic industries, including one consisting of complainant's licensing program for the Gremlins copyrights; (3) the domestic licensing industry is efficiently and economically operated; and (4) respondents' unfair practices have the tendency tu substantially injure the domestic licensing industry, but no uther domestic industry. -2- On October 30, 1985, the Commission determined to review the portions of the ID relating to industry and injury. Ac t ion Having reviewed the record in this investigation, including the briefs of complainant Warner and the Commission investigative attorney, the Commission on January 16, 1986, determined to reverse the portion of the ID finding complainant's licensing program to be a domestic industry under section 337, and to terminate the investigation on the basis that there is no vio'lation of section 337. I/ Order Accordingly, it is hereby ORDERED THAT- 1. The part of the ALJ's initial determination finding complainant's licensing program to be a domestic industry is reversed ; 2. The investigation is terminated on the basis that there is no violation of section 337; 3. A copy of this Action and Order shall be served upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and the Secretary of Treasury; and 4. Notice of this fiction and Order shall be published in the Federal Register. Secretary Issued: January 16, 1986 -1/ Vice Chairman Liebeler dissenting. 1 Certificate of Service I, Kenneth R. Mason, hereby certify that the attached SOTICE OF COM?IISSIOS DECISION TO REVERSE A PORTION OF INITIAL DETERXINATIOS; TERNINATION OF 337 ISVESTIGATION ON THE BASIS OF NO VIOLATIOX OF SECTION OF THE TARIFF ACT OF 1930, was served upon Gary Rinkcrman, Esq., and upon the following parties via first class mail, and air mail where necessary, on Januagry l?, 1986. /’ ,/ &:* ’‘I .~/*&. c- /-, Kenneth R. Xason, Secretary U.S. International Trade Commission 701 E Street, N.W. Washington, D.C. 20436 Behalf of Warner Brothers m. Behalf of Lion City Industries J. JoSephBaintan, Esq. Lion City zrdustries Reboul, Mamumy, Hewitt, d/b/a Lian City Irdustrial Co., Ltd. Maynard & Kristol 1st Fl., 3 Alley 20 lane 158 1111 19th St., N.W. Suite 406 Pa Te €bad, Section 3 Washington, D.C. 20036 Taipei City, Nomern Taiwan Xnc. Steven H. Rei-, Esq. Behalf of shine Land, Eeboul, Ma-ay, Hwitt, Inc. Maynard & Kristol shinem, 45 Rockefeller Plaza F. 8, No. 97 New York, NY 10111 2 NanKingE.- Behalf of Lay Grard co., Ltd. Taipei, Taiwan Lay Graxd COO, Ltd, Behalf of shiuh Qla Trading Ltd. 5th Fl., Hurq hr Nan Fu Bldg. 96 Roosmelt m,won 1 shiuh cha Trading Ltl. Ku Thg Dm 8th Fl., 139 Keelung Road Taipei City, Taiwan section 1 Taipei City Behalf of Lien Ho Plastic co.# Ltd. Taiwan Lien HO Plastic Coo, Ltd. BehaLf of Ta bin co. Ltl. 2rd Fl., 4 Alley 2 Une 325 Shui Yuan RA Ta Hsin co. Ltd. Hsi Chih Tbun 2nd Fl., 171 Chung Hsiao kad Taipei mty, Northern Taiwan seetion 1, San Chung City Taipei mtj‘ Northern Taiwan 337-Tk-20 1 CERTIFICATE OF SERVIQE: - CCNT. Behalf of Te Feng Industrial Store Behalf of Hope Ind & Dai-Dai Te Feng Industrial Store Maria C.H. Lin, Esq. 2nd Fl., 18 Alley 58 Lane 7 Nxgan, Finnegan, Pine, Foley & Lee Li lug Road 345 Park Avenue Nan Tun District, Taichung City New York, NY 10154 Central Taiwan Behalf of Dae Rim Wading Inc. Behdlf of ?he Superior Taiwan Uxp. Dae Rim Trading Inc. The Superior Taiwan Carp. 43 West 30th Street P.O. Box 55-1266 New York, NY 10001 Taipei, Narthern Taiwan Behalf of Jim Trading Cap. Behalf of Tiger Lion Enterprise Co., Ltd. Jim Trading Corp. Tiger Lion Enterprise Co., La. 1181 Broadway 5th Fl., 7 fane 342 New York, NY 10001 Lung chiang kad Chung Shan District BehdYof Kanax General Corp. Taipei City, Northern Taiwan Kamx Genetdl corp. Behalf of Y.C. kw Enterprise Co., Ltd. d/b/a The KmGeneral Corp. 1232 Broadway Y.C. LmEhterprise Co., Ltd. New York, NY 10001 6th Fl., 470;-472 PA TE kad Section 4 Behalf of mnImports, Inc. Sung Shan District Esq. Taipei City, Northern Taiwan Lily wong, Diane E. Janoff, Esq. Behdlf of Ying zan Rl~rosesCorp. chin&wang 185 Canal Street New York, NY 10013 Ying zan -ses corp. 5th Fl- Behalf of bbtivic Inc. 212 ~n m Ta An Distrfct Motivic Inc. Taipei City, Northern Taiwan 53 West 36th Street New York, NY 10001 Behalf of Bethel Enterprises Co. t Behalf of Top Line Bethel Ehterprises Co. 58 West 28th Street Tup Line New York, NY 10001 1220 Bmadway New York, NY 10001 337-TA-201 CEIirIFICATE OF SERVICE 7 CCNT. corp. Behalf of Multinational Products Behalf of Founders Enterprises Ltd. Multinational Pmdm Gorp. Founders Enterprises Ltd. d/b/a/ Multinational Products 4th Floor., 34 Lane 81 1181 Broadway E’U Hsing North Road New York, NY 10001 Sung ShanDistrict corp. Taipei, City, Noqern Taiwan Behalf of samba htading Co., Ltd. Corp. Behalf of Jar Jung samba Trading d/b/a samba Jewelry Corp. Jar Jung CO., Ltd. 842 venue of the Americas P.0. BOX 30-465 New York, NY 10001 Taipei, Northern Taiwan Behalf of Kai Chen Industries Co., Ltd. Young Man Gen Merchandise co. ai ~.lenindustries CO.,~td. 41 West 30th Street P.O. BOX 48594 New York, NY 10001 Taipei, Taiwan corp. Behdlf of Yu I1 Intl Trading Behalf of Ladies & Gentlenen onlamenbts Yu 11 Intl Trading corp. Ladies h Gentlemen ornarrwts d/b/a Yuil Intematimal Trading Gorp. coo, Ltd. 868 Avenue of the Americas 2nd Fl., 117 San Yang Road New York, NY 10001 San Chung City Taipei County, Nom- Taiwan Behalf of chinhi Co., Ltd.
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