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20 November 2017Trademarks

USITC launches Alibaba investigation

The US International Trade Commission (ITC) has confirmed it will institute an investigation into Chinese e-commerce company Alibaba regarding the importing of containers for cooling beverages.

In a release on Friday, November 17, the ITC said the investigation is based on a complaint filed by Yeti Coolers, an Austin-based manufacturer of outdoor lifestyle products.

“The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the US and sale of certain insulated beverage containers, components, labels, and packaging materials.”

Yeti Coolers sells a range of cooler items, as well as duffels, accessories and clothing.

The company owns a range of IP rights including US trademark registration numbers 5,233,441 and 4,883,074 covering the ‘Yeti Coolers’ name, and design patent numbers D752,397 and  D780,533 for cool boxes.

All four were said to be infringed by Alibaba.

The ITC identified 13 respondents, many of which were linked to Alibaba, including Alibaba.com Singapore E-Commerce, Alibaba (China) Technology and Hangzhou Alibaba Advertising.

“By instituting this investigation, USITC has not yet made any decision on the merits of the case,” the release stated.

“The USITC’s chief administrative law judge will assign the case to one of the USITC’s administrative law judges, who will schedule and hold an evidentiary hearing.”

The ITC will then set a target date for completing the investigation within 45 days.

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