ITC Seeks Comment on Ending Section 337 Exclusion Orders for Rubik's Cube, Pac-Man

The International Trade Commission is asking for comments on whether it should keep in place six exclusion orders against decades-old toys and arcade games like Rubik’s Cube and Pac-Man. According to the ITC notice, U.S. Customs and Border Protection says the six import bans “may be candidates for rescission” because of changed conditions. “CBP’s preliminary investigation has indicated that the trademarks or trade dress at issue in the exclusion orders are no longer used in commerce or complainant has stopped making required compliance filings,” says the ITC notice. Under examination are exclusion orders issued in 1979 on novelty drinking glasses (337-TA-055); in 1981 on coin-operated arcade games that infringe trademarks held by Midway; in 1982 on other Midway arcade games, including Rally-X and Pac-Man; in 1982 on cube puzzles, including Rubik’s Cube; in 1989 on strip lights; and in 1990 on novelty teleidoscopes, which are a kind of kaleidoscope that have an open view and are used to create kaleidoscopic patterns from outside objects instead of items in the tube itself. More information on each investigation is available in a spreadsheet kept by the ITC on Section 337 investigations begun before 2008 (here). The ITC is asking for comments on the Section 337 cases, on whether the exclusion orders should be terminated based on changed conditions or the public interest. Comments are due by Dec. 22.