Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 16, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Emerson Electric Co. of St. Louis, Missouri. A letter supplementing the complaint was filed on March 29, 2012. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain food waste disposers and components and packaging thereof by reason of (1) Infringement of the claim of U.S. Patent No. D535,850 (``the `850 patent''); (2) infringement of U.S. Trademark Registration No. 2,518,010 and common law trademarks; (3) unfair competition by passing off; (4) trademark ...
In an action where the plaintiffs and the defendant both use trademarks that contain the word Blizzard, the U.S. District Court for the Western District of New York concluded that the defendant did not infringe on the plaintiffs' trademark. In Daniel Mele d/b/a Blizzard Records, and Blizzard Records, Inc. v. Davidson & Associates, Inc., Judge John T. Elfvin determined that under the Lanham Act the plaintiffs were not entitled to have their trademark protected since they did not use it significantly for commercial purposes prior to the defendant's use.
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