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Sughrue Mion Secures ITC Exclusion Order for New Holland Against Chinese Tractors

7/2/2003

Sughrue Mion Secures ITC Exclusion Order for

New Holland Against Chinese Tractors

Exceedingly Rare Victory For Unregistered Trade Dress Case

WASHINGTON -- Sughrue Mion, PLLC, is pleased to announce it has secured a permanent exclusion order on behalf of New Holland North America, Inc., barring importation of tractors that infringe New Holland’s unregistered trade dress. The Order is the result of a Section 337investigation by the International Trade Commission (ITC).

"Section 337 actions at the ITC for infringement of unregistered trade dress are rarely filed, and there is no record that the ITC has ever issued an Exclusion Order in a trade dress case this quickly," said Mark Boland, a partner at Sughrue Mion and, along with Managing Partner Cindy Weber, lead counsel to New Holland.

The case, filed with the ITC on December 27, 2002, involved a line of tractors being imported from China which infringe the visual appearance, known as trade dress, of the well-known New Holland tractors. New Holland requested a temporary exclusion order and permanent relief. Both Chinese and American companies were named in the investigation. The Chinese company, Beiqi Futian, elected to default rather than contest the merits of New Holland’s claims, while U.S.-based Northwest Products Inc. and Cove Equipment opted to settle with Consent Orders.

New Holland was also represented by Sturgis M. Sobin and Charles F.B. MacAleer, Jr., of Miller & Chevalier Chartered.