DITTHAVONG & STEINER P.C. FILES REQUEST FOR A SECTION 337 INVESTIGATION AT THE I.T.C. TO PROTECT THE SAXON GLASS IONEX TRADEMARK
Nov 10, 2015OUTCOME: Pending
Alexandria, VA –November 10, 2015 - Ditthavong & Steiner, P.C., files request for investigation of trademark infringement on behalf of Saxon Glass Technologies, Inc. (i.e., “Saxon”) to protect the valu ... able IONEX trademark owned by Saxon. The lawsuit was filed at the U.S. International Trade Commission (I.T.C. Investigation No. 337-3099 (Violation Phase); Inv. Title: “Certain Electronic Devices Including Strengthened Glass and Packaging Thereof; DN 3099”). The I.T.C. lawsuit is a companion case with a suit filed earlier in the U.S. District Court for the Western District of New York (WDNY Case No. 1:15-cv-00581 W(F)). Saxon is a market-leading developer and producer of strengthened glass and processes relating to the manufacture thereof. Saxon’s strengthened glass is widely recognized as groundbreaking and useful for a variety of products. Since 1996, Saxon has featured its IONEX mark in association with strengthened glass products manufactured in the United States and sold in the United States and abroad. Saxon has developed a reputation for producing consistent high-strength glass of the highest quality. Over the years, Saxon has also developed general processes and quality control tests to ensure a consistent, desired level of strengthening in glass products. The suit names Apple Inc. (i.e., “Apple”) as the respondent and seeks relief under the Tariff Act (19 U.S.C. § 1337) in the form of a permanent exclusion order against the importation or sale in the United States of Apple Watches made with glass under the trademark ION-X, which infringes Saxon’s IONEX trademark. “Apple’s alleged infringing use of ION-X as a trademark and its importation and sale of the accused products has allegedly caused consumer confusion. We believe this will continue to cause confusion and dilution of Saxon’s registered IONEX mark, to the detriment of Saxon, its customers, and potential customers in the United States, in violation of the Tariff Act. The ITC investigation seeks to block importation of Apple Watches bearing or associated with unauthorized use of the Saxon IONEX mark, and colorable imitations thereof, including the unauthorized ION-X mark used by Apple,” stated Patrick Delaney, an Attorney on the litigation team representing Saxon in the ITC-IONEX matter. The ITC-IONEX litigation team at Ditthavong & Steiner, P.C. includes Joseph Zito, Patrick Delaney, and Richard Castellano. About Ditthavong & Steiner, P.C. Ditthavong & Steiner, P.C. is a boutique law firm headquartered within the Washington, DC metro area and has offices across major centers of business and finance throughout the United States and Asia. Ditthavong & Steiner, P.C.’s extensive experience and focus rest on prosecuting and litigating Intellectual Property (IP) matters for Start-ups all the way to Fortune 100 Companies in virtually every discipline: Electrical Engineering (including data communications, telecommunications, cyber security, etc.), Computer Science, Aerospace Engineering, Mechanical Engineering, Metallurgical Engineering, Biotechnology, Biomedical Engineering, Chemical Engineering, Organic Chemistry, Bio- Chemistry, Biology, Molecular Biophysics and Biochemistry, Physics, and Physical Chemistry.
