ITC Patent Docket Update: New Trademark Complaint from Opportunistic Filer and a Delay in Much-Anticipated Foreign Trade Secret Case
New Complaint: Chocolate Milk Powder and Packaging Thereof
Meenaxi Enterprise, a U.S.-based company that distributes imported food items to Indian grocery stores in the United States, filed this trademark complaint on October 29. The dispute involves Bournvita, a brand of chocolate milk powder made by Cadbury and sold in India.
Over Cadbury’s objection, Meenaxi was able to register “Bournvita” in the United States as a trademark for chocolate milk powder in 2012. This means Meenaxi is the only company legally allowed to sell chocolate milk powder under the Bournvita label in the United States despite having no connection at all to the original product or the company that made it. Meenaxi has named 21 separate Indian grocery stores as respondents in the case and is seeking a general exclusion order against all imports of genuine Cadbury Bournvita.
New Complaint: Active Optical Cables and Products Containing Same
This complaint was filed on October 26 by Cosemi, a U.S.-based company that makes fiber optic cables. Cosemi is asserting four patents related to optical USB and HDMI cables against Chinese competitor YOFC. Also named as respondents are Logitech (which sells YOFC-made cables under its own brand) and Facebook. Facebook’s involvement in the case stems solely from the inclusion of a YOFC-made USB cable in the box with Facebook’s Oculus VR headset.
Termination
The ITC officially terminated Completion Drill Bits (Inv. 1205) on October 26 following a settlement agreement between the parties.
Extension of Time to Review
The Commission has extended the deadline for reviewing the Final Initial Determination in Lithium Ion Batteries (Inv. 1159) until December 10. The dispute in that case is between Korean giants LG and SK, with LG accusing SK of misappropriating trade secrets in Korea related to EV battery manufacturing. The ALJ granted a default judgment in LG’s favor after finding that SK has destroyed evidence.
The case has attracted a lot of attention from business groups, media outlets, and politicians because an exclusion order would eliminate the respondent’s ability to manufacture EV batteries in Georgia and seriously disrupt supply chains for some U.S. auto manufacturers. If the Commission upholds the ALJ’s determination of violation, it will need to seriously consider whether these consequences can be justified by any public interest in enforcing foreign trade secrets.
