Our Services - Protection of U.S. Trademarks, Patents, & Copyrights from Infringing Imports

Section 337 of the Tariff Act of 1930 makes it unlawful to import articles into the United States that infringe a valid and enforceable U.S. patent, trademark, or copyright or that are imported pursuant to "unfair methods of competition and unfair acts." Subsection (a)(1)(A) can be used as the legal vehicle for other intellectual property-based causes of action (e.g., trademark dilution, misappropriation of trade dress, misappropriation of trade secrets), as well as for tort-based causes of action targeting the types of illegitimate conduct that sometimes accompany unfairly traded imports (e.g., breach of contract, tortious interference with a contract or license, fraudulent inducement to breach (or to enter into) a contract or license, and fraud). In certain circumstances, Section 337 can provide a particularly cost-effective means for a U.S. trademark holder to combat gray market imports.

Section 337 investigations are conducted by the U.S. International Trade Commission ("ITC"). If the ITC finds a violation of the intellectual property right or an unfair trade practice, it may issue an exclusion order barring future imports of the infringing or unfairly traded product and/or a cease and desist order prohibiting sales of such merchandise that has already been imported into the United States. Enforcement of the ITC's orders is the joint responsibility of the U.S. Customs and Border Protection and the ITC.

RoybalGlobal P.C., in conjunction with the international trade law firm of deKieffer & Horgan, stands ready to assist clients wishing to bring a Section 337 investigation to protect their intellectual property or other trade-related rights, as well as clients named as respondents in such investigations.

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