International Trade Commission Requested to Investigate Apple - Global Trade Magazine
  November 23rd, 2015 | Written by

International Trade Commission Requested to Investigate Apple

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  • A proposed ITC investigation seeks to block importation of Apple Watches.
  • Attorney: Apple's infringing use of a trademark is causing consumer confusion.
  • Saxon Glass has also filed a civil action seeking damages against apple in a U.S. District Court.

Saxon Glass Technologies has filed a request for investigation of trademark infringement against Apple at the U.S. International Trade Commission (ITC).

Saxon is a developer and producer of strengthened glass. Since 1996, Saxon has featured its IONEX mark in association with strengthened glass products manufactured in the United States and sold in the U.S. and abroad.

“Apple’s alleged infringing use of ION-X as a trademark and its importation and sale of the accused products has allegedly caused consumer confusion,” said Patrick Delaney, an attorney representing Saxon. “We believe this will continue to cause confusion and dilution of Saxon’s registered IONEX mark, to the detriment of Saxon in violation of the Tariff Act.”

The filing names Apple Inc. as the respondent and seeks relief under the Tariff Act in the form of a permanent exclusion order against the importation or sale in the U.S. of Apple Watches made with glass under the trademark ION-X.

The ITC investigation seeks to block importation of Apple Watches bearing or associated with the alleged unauthorized use of the Saxon IONEX mark, and colorable imitations thereof, including the alleged unauthorized ION-X mark used by Apple,” said Delaney.

The ITC case is a companion to a civil action seeking damages and filed in the U.S. District Court for the Western District of New York

Saxon is represented by the law firm of Ditthavong & Steiner, P.C., an intellectual property firm headquartered in the Washington, D.C. metro area.


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