ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN DIGITAL MULTIMETERS AND PRODUCTS WITH MULTIMETER FUNCTIONALITY

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain digital multimeters, and products with multimeter functionality. The products at issue in this investigation are small, handheld devices that measure and display electrical parameters such as voltage and resistance.

The investigation is based on a complaint filed by Fluke Corporation of Everett, WA, on October 6, 2006, and supplemented by letters filed on October 27 and October 30, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital multimeters, and products with multimeter functionality, that infringe a registered trademark owned by Fluke or Fluke’s asserted trade dress. The complainant requests that the ITC issue a permanent general exclusion order and permanent cease and desist orders.

The ITC has identified the following as respondents in this investigation:

Altadox, Inc. of Arcadia, CA;
Circuit Specialists, Inc. of Mesa, AZ;
Digitek Instruments Co., Ltd. of Hong Kong;
Electronic Specialties, Inc. of Spring Grove, IL;
Electronix Express of Avenel, NJ;
Elenco Electronics, Inc. of Wheeling, IL;
HandsOnTools of Fort Collins, CO;
Harbor Freight Tools of Camarillo, CA;
Jameco Electronics of Belmont, CA;
Kaito Electronics, Inc. of Montclair, CA;
Parts Express of Springboro, OH;
Precision Mastech Enterprises Co. of Hong Kong;
Shenzhen Everbest Machinery Industry Co., Ltd. of China;
ShenZhen Hongda Electronic Co., Ltd. of China;
Shenzhen Victor Hi-Tech Co., Ltd. of China;
Sinometer Instruments Co. Ltd. of China;
TechBuys, LLC of La Verne, CA; and
Velleman Inc. of Fort Worth, TX.
By instituting this investigation (337-TA-588), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles E. Bullock, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Bullock will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.