Thursday, October 30, 2014

Catching Up

This week I will focus on issued patents.  Below is a summary of selected patents that have been recently issued in textile related classification codes:

Body-shaping intimacy garment:  A body-shaping intimacy garment where the torso portion, lower portion and leg portions each include respective portions of inner and outer layers of stretchable fabrics. The inner layer fabric is worn stretched about the torso, waist, buttocks, hips and legs, with tension in shoulder straps maintaining some inner layer stretch along the torso portion while worn. The outer layer fabric has a lesser elasticity than the inner layer fabric, and the two fabric layers are connected at the bust but are otherwise disconnected.  Patent:  8701213.  Assignee:  Cronan.  Not Assigned.

One-piece garment:  A one-piece garment is presented, such as a pajama for toddlers, which prevents removal of the garment by the toddler and keeps the toddler from gaining access to his diaper. The one-piece garment may be modified for wearers of any size and/or age so that the wearer cannot remove his own garment or disturb garments or medical devices that are worn under the one-piece garment.  Patent:  8701214.  Inventor:  Stoneham.  Not Assigned.

Medical gown:  A body covering gown which is secured on the user by one or more stretchable strips which extend across an opening in the gown.  Patent:  8701215.   Inventor:  Levine.  Not assigned.

Grip-it golf method:  A method to conveniently store golf gloves made of a Velcro type material that can be snapped or buttoned onto pants, or wrapped around a club (like a putter).  Patent:  8701216.  Inventor:  Evans.  Not assigned.
Use of ascorbic acid derivatives for dyeing keratin-containing fibres:  The invention relates to the use of specific ascorbic acid derivatives for dyeing keratin-containing fibers or as direct dyes for the preparation of a composition for dyeing keratin-containing fibers, and to methods for dyeing keratin-containing fibers, in particular for dyeing human hair.  Patent:  8702813.  Inventor:  Rudolph and Oberle.  Assignee:  Merck Patent Gmbh.

Cyanoborate, fluoroalkylphosphate, fluoroalkylborate or imide dyes:  A cationic dye, such as rhodamine, where the anion is selected from the group of the cyanoborates, fluoroalkylphosphates, fluoroalkylborates or imidates.  The result is a more electrochemically and thermally stable product with improved solubility in organic solvents for use in plastics and gel inks.  Patent:   8702815.  Inventor:  Ignatyev, et. al.  Assignee:  Merck Patent Gmbh

Method of forming an article of footwear incorporating a trimmed knitted upper:  A method of forming an article of footwear includes from a knitted workpiece formed of unitary knit construction. The knitted workpiece forms an upper of the article of footwear with a body and trim region. Patent:  8701232.  Inventors:  Droege and Podhajny.  Assignee:  Nike, Inc.

Protective fabric:  Crimp-imbalanced protective fabric with varying levels of yarn crimp within and across layers of a multi-layer fabric armor system. The method includes developing a crimp in the yarn by pulling the yarn through a solution that coats the yarn. The removable coating has a thickness that ensures a proper amount of crimp in the yarn. The tension in the yarn is controlled; the yarn is weaved; and a crimp is applied in the yarn. Once the crimp is applied, families of the crimped yarn are utilized as a layer or layered to produce a soft armor form.  Patent:  8701255.  Inventor:  Cavallaro.  Assignee:  The United States Of America As Represented By The Secretary Of The Navy.

Flexible footwear covering reducing friction and drag between shoes and floor surfaces:  A flexible footwear covering that fits on a shoe with a lower coefficient of friction than the bottom of a shoe.  This allows for ease of motion on carpeted or other surfaces.  The covering is in the shape of a sock with a ring, which gives the option to fully cover for maximum ease of movement or expose the heel for more traction when needed.  Patent:  8701310.  Inventor:  Walsh.  Not Assigned.

Top of the boot:  A decorative top piece that fits into and over the top of a boot, to provide a place to decorate with jewelry or other items.  Patent 8701311.  Inventor:  Barnhart.  Not Assigned.

Protective textile sleeve having high edge abrasion resistance and method of construction:  A protective textile sleeve including both monofilament and multifilament yarns woven in both warp and fill directions. The warp yarns are woven in a warp-faced pattern with the fill yarns. As such, the warp yarns float over 2 or more of fill yarns. The warp monofilaments provide the sleeve with increased abrasion resistance, while the warp multifilaments provide the sleeve with increased flexibility and coverage protection within the cavity of the sleeve. The fill monofilaments provide the sleeve with increased abrasion resistance and the fill multifilaments provide the sleeve with increased flexibility and coverage protection. The method includes weaving the warp and fill yarns in one of an open or closed wall construction. The method can include heat-setting the monofilament fill yarns to bias the open wall into a self-closing tubular configuration.  Patent:  8701716.  Inventor:  Kashihara.  Assignee:  Federal-Mogul Corporation.

Antiadhesive material:  An antiadhesive material with excellent biocompatibility and bioabsorbability as well as excellent strength in suturing and bonding. A reinforcing material made of a biodegradable polymer is impregnated with is a gelatin solution which is caused to gelate and dried. This creates an antiadhesive material.   Patent:  8703627.  Inventor:  Matsuda, et.al.  Assignee:  Gunze Limited, Jms Co., Ltd.


Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.


Wednesday, October 29, 2014

Federal Business Opportunities, Wednesday, October 29, 2014

Recently posted federal business opportunities.
-------------------------------------------------------
Title:             GLOVES
Agency:            General Services Administration
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Title:             83--This procurement is for the purchase of:  420 Tarps made of twenty (20) year material in compliance with the Berry Amendment.   
Agency:            Department of the Army
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Title:             Flag, National, United States of America, Interment
Agency:            Defense Logistics Agency
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Title:             USAFA Cadet Ajackets & Parkas
Agency:            Department of the Air Force
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Title:             Stretch Knit Panel Fabric for Maternity Airman Battle Uniform (MABU) Slacks
Agency:            Department of the Air Force
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Title:             84--Explosive Handler Coveralls
Agency:            Department of the Army
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Title:             84--Brand name or equal cold weather boots (Belleville 775)
Agency:            Department of the Army
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Title:             YARN - DOMESTIC ONLY
Office:            Federal Prison Industries/UNICOR
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Title:             Protective Chaps
Agency:            Defense Logistics Agency
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Title:             Men and Women's White Jumper
Agency:            Defense Logistics Agency
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Title:             Composite Safety-Toe Footwear
Office:            Bureau of Prisons
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Title:             83--OPTION - Tents & Tarapalulins (Large Shelter)
Agency:            Department of State
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Title:             83--Request for Information (RFI) - Waterproof Breathable Materials
Agency:            Department of the Army
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Title:             84--GLOVES,MEN'S
Agency:            Defense Logistics Agency
-------------------------------------------------------

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.

AAFA Reiterates Support for Keeping Berry Amendment off the Table in Trade Talks

On October 27, 2014, the American Apparel and Footwear Association ("AAFA") sent a letter to United States Trade Representative Michael Froman urging the U.S. government to keep the Berry Amendment off the table during free trade agreement ("FTA") negotiations. The letter came in response to a position paper on the Transatlantic Trade and Investment Partnership ("T-TIP") FTA from the European Apparel and Textile Confederation ("EURATEX"), which claimed that the Berry Amendment encouraged "discriminatory treatment."

The AAFA letter is available HERE.

The EURATEX paper is available HERE.

Consumer Product Safety Commission Meeting Scheduled with Industry

On November 5, 2014, Consumer Product Safety Commissioner Buerkle will giving remarks at the 26th Annual Textile & Apparel Importer Trade & Transportation Conference in New York City. The meeting was requested by Julia K. Hughes, President, United States Fashion Industry Association ("USFIA").

Jacqueline Campbell, Consumer Product Safety Commission Directorate for Engineering Sciences, will be attending the American Association of Textile Chemists and Colorists ("AATCC") 2014 Fall Committee Meetings in Durham, N.C., November 11-12, 2014.

Tuesday, October 28, 2014

Mississippi Furniture Manufacturer Granted Duty Free Foreign Trade Zone for Upholstery Fabric

On October 28, 2014, the Foreign Trade Zone Board published in the Federal Register (79 FR 64167) Authorization of Production Activity, Foreign-Trade Subzone 158G, Southern Motion, Inc. (Upholstered Furniture), Pontotoc and Baldwyn, MS

On June 20, 2014, the Greater Mississippi Foreign-Trade Zone, Inc., grantee of FTZ 158, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board on behalf of Southern Motion, Inc., within Subzone 158G, in Pontotoc and Baldwyn, Mississippi.

The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (79 FR 37281-37282, 7-1-2014). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14, and the following restrictions and conditions:

1. The annual volume of foreign micro-denier suede upholstery fabric finished with a caustic soda solution that may be admitted to the subzone under nonprivileged foreign status (19 CFR 146.42) is limited to 6.0 million square yards.

2. Southern Motion, Inc., must admit all foreign upholstery fabrics other than micro-denier suede upholstery fabrics finished with a caustic soda solution to the subzone under domestic (duty-paid) status (19 CFR 146.43).

3. Southern Motion, Inc., shall submit supplemental annual report data and information for the purpose of monitoring by the FTZ Staff.

4. The authority for Southern Motion, Inc., shall remain in effect for a period of five years from the date of approval by the FTZ Board.

Monday, October 27, 2014

Applications Being Accepted for Manufacturing Council

The Manufacturing Council was created in June 2004 to ensure regular communication between the Federal Government and the manufacturing sector, as well as to foster collaboration across all U.S. industry sectors to promote new ideas for continuously improving manufacturing competitiveness.

The Manufacturing Council is comprised of up to 15 private-sector executives who reflect a balance of U.S. manufacturing industry sectors, geographic locations, and business size. The Council advises the Secretary of Commerce on government policies and programs that affect U.S. manufacturing and provides a forum for proposing solutions to industry-related problems. The Council also works to ensure that the U.S. remains the preeminent destination for investment in manufacturing throughout the world.

The Council’s work concentrates on enhancing the government’s focus on manufacturing competitiveness, creating the favorable conditions for economic growth and manufacturing investment, lowering the cost of manufacturing in the U.S., investing in innovation, strengthening education, retraining, and economic diversification, and promoting open markets and a level playing field.

The Manufacturing Council meets quarterly.

David Hastings of Mount Vernon Mills is the textile representative on the Council and was appointed in 2010. Daniel Harding Stowe, President and Chief Executive Officer, R.L. Stowe Mills, Inc. had been a member of the Council since June 2004

More information is available at http://trade.gov/manufacturingcouncil.

On September 10, 2014 the Department of Commerce published a notice in the Federal Register seeking applications for appointment of up to 30 members of the Manufacturing Council (Council) for a two-year term to begin in December 2014. The September 10, 2014 notice provided that all applications must be received by the Office of Advisory Committees and Industry Outreach of the Department of Commerce by close of business on October 14, 2014. Today the Department of Commerce announced it was extending the application period in order to provide the public with an additional opportunity to submit applications. All applications for immediate consideration for appointment must be received by the Office of Advisory Committees and Industry Outreach by 5:00 p.m. Eastern Daylight Time (EDT) on Friday, November 14, 2014. After that date, ITA will continue to accept applications under this notice for a period of up to two years from the deadline to fill any vacancies that may arise.

Thursday, October 23, 2014

CPSC to Meeting with Industry on Labeling Issues

Consumer Product Safety Commissioner Joseph Mohorovic and special assistants will be meeting with Robert Loop with Next Gen Packaging, Gregory Poole with Children’s Palace, and a representative of the American Apparel and Footwear Association regarding labeling issues on Monday, October 27th. The meeting is closed to the public due to the proprietary information to be shared.

Code of Conduct

Last week, the companies responding to the ITC complaint by Revolaze made their initial filings and, on first glance, things seem to have gone in an unexpected direction.  While I haven’t had an opportunity to review the actual filings, based on the news reports I have seen it appears that the respondents are claiming inequitable conduct by Revolaze.

Inventors, patent attorneys and agents, and people who are substantively involved in the preparation and prosecution of patents have an obligation to deal with the USPTO in candor and good faith.  These people also have a duty to disclose information they are aware of when this information is material to the patentability of an invention.   This is generally referred to as the Duty of Disclosure

The failure to comply with the duty of disclosure will result in a finding of inequitable conduct and the cancellation of the entire patent. 

Operating with candor and good faith are the key to meeting this requirement.  What the USPTO requires and expects is that applicants will share with them everything they know. 

While there are many aspects to the duty of disclosure, there are two areas I want to focus on.

The first focus area involves prior art.  It commonly happens that applicants come across prior art that is material to patentability after an application been filed.  The important thing here is to forward this information to the USPTO as soon as possible.  And by ASAP, I mean immediately – the sooner this information gets to the USPTO the easier it is for everybody.

The second focus area involves properly identifying the inventors.  Unfortunately determining the inventor can be a touchy subject.  What I have observed is that after a project is successfully completed the politics will kick in and everybody involved in the project will want their name on the patent.  Unfortunately, it just doesn’t work that way.  The people to list as the inventors are only those people who came up with the critical elements of the inventive concept.  And unfortunately, the inventors can change through the patent prosecution process.  There are a number of reasons this will happen but a common example is when an application is “divided,” or split into two applications.  When an application is divided along the lines of an inventor’s contributions, then some inventors will have to be removed from the original application.  

In the Revolaze case, the respondents appear to be claiming that Revolaze was deceptive when they identified the inventor.  And if that is true, that would be very bad news for those patents.

Below is a summary of selected patents that have been recently issued in textile related classification codes:

Yarns of polyoxadiazole and modacrylic fibers and fabrics and garments made therefrom and methods for making same:  This invention relates to a flame-resistant spun yarn, woven fabric, and protective garment, comprising a blend of 60 to 85 parts by weight of polyoxadiazole staple fiber and 15 to 40 parts by weight modacrylic staple fiber; based on 100 total parts of the polyoxadiazole staple fiber and modacrylic staple fiber in the yarn. This invention also relates to methods for making the yarn.  Patent:  8695319.  Inventor:  Zhe.  Assignee:  E I Du Pont De Nemours And Company. 

 Tufting machine and methodA method for using a tufting machine to produce athletic turf bearing precise graphic tuft patterns at a high throughput rate is disclosed. The utilized machine includes tenter frame and a series of tufting frames upon which tufting head components are mounted. The entire length of a piece of backing material is wrapped around the tenter frame, and the tenter frame circulates the backing past the tufting frames, and the tufting head components are shifted as may be necessary to form a desired graphic tuft pattern.  Patent:  8695519.  Inventor:  Bearden.  Not Assigned

Fire retardant panel compositions:  A fire retardant structural board is provided that includes a body of fibrous material, a triglycidyle polyester binder, a sodium borate pentahydride fire retardant, and a sodium borate pentahydride fire retardant. The body of fibrous material has a weight, first and second surfaces, first and second sides, and a thickness. The fibrous material and triglycidyle polyester are dispersed throughout the thickness of the body. The sodium borate pentahydride fire retardant is dispersed between individual fibers of the fibrous material and throughout the thickness of the body. A sodium borate pentahydride fire retardant composition also coats at least the first surface of the body.  Patent:  8697586.  Inventor:  Balthes, et.al.  Assignee:  Flexform Technologies, Llc

Nanowebs:  A nonwoven web of fibers that have a number average diameter of less than 1 micron. The web can have a Poisson Ratio of less than about 0.8, a solidity of at least about 20%, a basis weight of at least about 1 gsm, and a thickness of at least 1 micrometer.  Patent:  8697587.  Inventor:  Arora, et.al.  Assignee:  E I Du Pont De Nemours And Company. 

Surgical Bra with Mastectomy Kit:  A surgical compression bra for patient support with a mastectomy kit. The surgical bra includes a body portion with a releasable front closure, shoulder straps with releasable closures, an internal pocket, adjustable poly filled pad prostheses, and a detachable mastectomy pouch.  Patent:  8696403.  Inventor:   Haley.  Assignee:  Bras To Help Save The Ta Tas, Llc


Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.


Wednesday, October 22, 2014

Industry Giant Duke Kimbrell Dies, Aged 89

Our friend Deven Steele at eTextile Communications reported, October 22nd, the death, Tuesday of Duke Kimbrell, Chairman of Parkdale Mills. In 2004 Mr. Kimbrell was inducted into the Textile Hall of Fame by the American Textile History Museum.

Joint Statement of the Labor Affairs Council Peru-United States Trade Promotion Agreement (TPA)

Joint Statement of the Labor Affairs Council Peru-United States Trade Promotion Agreement (TPA)
Lima, Peru
October 17, 2014

The Labor Affairs Council (the Council) of the Peru - United States Trade Promotion Agreement (TPA) held its second meeting on October 17th, 2014, in Lima, Peru. Pursuant to Article 17.5 of the TPA, the Council oversees the implementation of, and reviews progress made under, Chapter 17 (Labor Chapter) of the TPA, including the activities of the Labor Cooperation and Capacity Building Mechanism established under article 17.6 of the Agreement. The Council is comprised of cabinet-level or equivalent representatives of the Parties, who may be represented on the Council by their deputies or high-level designees.

The second meeting of the Council was chaired by Ms. Sylvia Cáceres Pizarro, Vice Minister of Labor from the Ministry of Labor and Employment Promotion of Peru (MTPE); Ms. Teresa Mera Gómez, Coordinator for North America and Europe from the Ministry of Foreign Trade and Tourism of Peru (MINCETUR); Ms. Carol Pier, Deputy Undersecretary for International Affairs, U.S. Department of Labor (USDOL); and Mr. Carlos Romero, Deputy Assistant U.S. Trade Representative, Office of the United States Trade Representative (USTR). In addition, other officials participated from the MTPE, SUNAFIL and MINCETUR representing Peru, and from the USDOL, USTR, and the U.S. Department of State representing the United States.

During the meeting, the Council discussed matters regarding ongoing cooperation on labor matters such as those related to the prevention and abolition of child labor and combatting forced labor. In addition, areas of future cooperation were discussed such as capacity building for labor inspections.

Furthermore, the Parties exchanged information regarding the implementation of the Labor Chapter of the Peru – United States TPA, such as ongoing efforts to strengthen institutional capacity to support the enforcement of labor laws, strengthening institutional capacity for labor administration, which includes the labor inspectorate, as well as the promotion and protection of fundamental labor rights, including matters related to different forms of labor contracting.

The Parties reaffirmed their commitment to continue cooperating in order to guarantee full implementation of the Labor Chapter.

A public session of the Council was held on the afternoon of October 17th, with participation of representatives of union organizations, the private sector, and other interested persons, which gave Council members the opportunity to meet with the public to discuss matters related to the implementation of the Labor Chapter of the Peru - United States TPA. The Parties recognize that convening a public session is an important transparency mechanism to exchange information with the public regarding the implementation of the Labor Chapter of the Peru - United States TPA.

Federal Business Opportunities, Wednesday, October 22, 2014

Recently posted federal business opportunities.
-------------------------------------------------------
Title:             84--Explosive Handler Coveralls
Agency:            Department of the Army
-------------------------------------------------------
Title:             83--FLAG,NATIONAL
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             84--SUITCASE
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             Utilis Training Tent
Agency:            Department of the Air Force
-------------------------------------------------------
Title:             Mitten, Trigger Finger and Thumb Design
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             Dual Visor Assembly
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             84--Shoe Truck
Agency:            Department of the Army
-------------------------------------------------------
Title:             Coveralls (Protective Clothing) for Military Sealift Command Civilian Mariners (CIVMARS)
Agency:            Department of the Navy
-------------------------------------------------------
Title:             84--506-15-1-121-0007 - SHIRTS/UNIFORMS    
Agency:            Department of Veterans Affairs
-------------------------------------------------------

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.

Converse Inc. Files Trademark Infringement Complaint at International Trade Commission

The U.S. International Trade Commission has received a complaint filed on behalf of Converse Inc. on October 14, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain footwear products. The complaint name as respondents Skechers U.S.A., Inc of Manhattan Beach, CA; Wal-Mart Stores, Inc. of Bentonville, AR; A-List, Inc., d/b/a Kitson of Los Angeles, CA; Aldo Group of Canada; Brian Lichtenberg, LLC of Los Angeles, CA; Cmerit USA, Inc., d/b/a Gotta Flurt of Chino, CA; Dioniso SRL of Italy; Edamame Kids, Inc. of Canada; Esquire Footwear, LLC of New York, NY; FILA U.S.A., Inc. of Sparks, MD; Fortune Dynamic, Inc. of City of Industry, CA; Gina Group, LLC of New York, NY; H & M Hennes & Mauritz LP of New York, NY; Highline United LLC d/b/a Ash Footwear USA of New York, NY; Hitch Enterprises Pty Ltd d/b/a Skeanie of Australia; Iconix Brand Group, Inc., d/b/a Ed Hardy of New York, NY; Kmart Corporation of Hoffman Estates, IL; Mamiye Imports LLC d/b/a Lilly of New York of Brooklyn, NY; Nowhere Co., Ltd. d/b/a Bape of Japan; OPPO Original Corp of City of Industry, CA; Orange Clubwear, Inc., d,/b/a Demonia Deviant of Westminster, CA; Ositos Shoes, Inc., d/b/a Collection'O of South El Monte, CA; PW Shoes Inc. of Maspeth, NY; Ralph Lauren Corporation of New York, NY; Shenzhen Foreversun Industrial Co., Ltd a/k/a Shenzhen Foreversun Shoes Co., Ltd of China; Shoe Shox c/o Zulily, Inc. of Seattle, WA; Tory Burch LLC of New York, NY; Zulily, Inc. of Seattle, WA; Fujian Xinya I&E Trading Co. Ltd. of China; Zhejiang Ouhai International Trade Co. Ltd. of China and Wenzhou Cereals Oils & Foodstuffs Foreign Trade Co. Ltd. of China. The complainant requests that the Commission issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Saturday, October 18, 2014

U.S., Mexico Sign Mutual Recognition Customs Arrangement

On October 17, 2014, U.S. Customs and Border Protection ("CBP") Commissioner R. Gil Kerlikowske and Mexico's Tax Administration Service ("SAT") Chief Aristóteles Núñez Sánchez signed a mutual recognition arrangement that allows stronger collaboration between CBP's Customs-Trade Partnership Against Terrorism ("C-TPAT") and SAT's New Certified Companies Scheme ("NEEC"). The signing was held at the U.S. Department of Homeland Security – Secretariat of Finance and Public Credit of Mexico Executive Steering Committee Meeting in San Diego.

The goal of the mutual recognition arrangement is to link the two industry partnership programs, so that together they create a unified and sustainable security posture that can assist in securing and facilitating global cargo trade.

The arrangement provides tangible and intangible benefits to program members to include: fewer exams when shipping cargo, a faster validation process, common standards, efficiency for Customs and business, transparency between Customs administrations, business resumption, front-of-the-line processing, and marketability.

C-TPAT is a voluntary government-business initiative to build cooperative relationships that strengthen and improve overall international supply chain and U.S. border security. C-TPAT recognized that CBP can provide the highest level of cargo security only through close cooperation with the ultimate owners of the international supply chain such as importers, carriers, consolidators, licensed customs brokers, and manufacturers. The C-TPAT program is one layer in CBP's multi-layered cargo enforcement strategy.

In addition to Mexico, the United States also has mutual recognition arrangements with New Zealand, Canada, Japan, Korea, Israel, Jordan, the European Union and the Taipei Economic and Cultural Representative Office.

Friday, October 17, 2014

Comments Due Monday to FTC Regarding Environmental Marketing Claims

Reminder, public comments are due October 20th, regarding the Federal Trade Commission plans to conduct a study to examine consumer perception of environmental marketing claims, as reported by Agathon Associates Textiles and Trade Blog September 23rd.

Federal Business Opportunities, Friday, October 17, 2014

Recently posted federal business opportunities.
-------------------------------------------------------
Title:             Olive Cotton Fabric - Berry Amendment Compliant
Office:            Federal Prison Industries/UNICOR
-------------------------------------------------------
Title:             84--Camouflage Uniforms
Agency:            Department of State
-------------------------------------------------------
Title:             Headband, Face
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             Army Mens L/S & S/S Dress Shirt, Gray
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             AT2014-075 REDKAP SYSTEMS JACKET STOCK # JN30NV
Agency:            Department of Labor
-------------------------------------------------------
Title:             Men and Women's White Jumper
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             USCG T-Shirts
Agency:            Department of Homeland Security
-------------------------------------------------------
Title:             FOOTWAER (CULINARY)
Agency:            Department of Labor
-------------------------------------------------------
Title:             Linene and Uniform Service for NIEHS at RTP, NC
Agency:            Department of Health and Human Services
-------------------------------------------------------
Title:             RIPCORD, MAIN  FOR MT-2XX SYSTEM, REPLACEMENT PART
Agency:            Other Defense Agencies
-------------------------------------------------------
Title:             83--Tents
Agency:            Department of the Army
-------------------------------------------------------
Title:             84--Explosive Handler Coveralls
Agency:            Department of the Army
-------------------------------------------------------
Title:             USAFA Cadet Ajackets & Parkas
Agency:            Department of the Air Force
-------------------------------------------------------
Title:             AirSave Survival Vest, Type I & II
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             USCG T-Shirts
Agency:            Department of Homeland Security
-------------------------------------------------------
Title:             Beret, Wool, Army and Air Force
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             RETENTION SYSTEM, COMBAT HELMET, UNIVERSAL (UCHRS)
Agency:            Department of the Navy
-------------------------------------------------------
Title:             Gloves, Otto Fuel
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             Army Mens L/S & S/S Dress Shirt, Gray
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             84--Original Buy# 675986 Military Swat Team Gear (SRT)
Agency:            Department of the Army
-------------------------------------------------------
Title:             Coast Guard Boots, Safety Men's & Women's
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             Army Mens L/S & S/S Dress Shirt, White 
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             84--Specialized Flight Clothing - Air Crew Anti - Exposure Flight Suits
Agency:            Department of the Army
-------------------------------------------------------
Title:             84--BOOTS,SAFETY,MEN'S
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             Utilis Training Tent
Agency:            Department of the Air Force
-------------------------------------------------------
Title:             84--SHIRT,FLYER'S
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             83--CORD,ELASTIC
Agency:            Defense Logistics Agency
-------------------------------------------------------
Title:             84--SUSPENDERS,TROUSERS
Agency:            Defense Logistics Agency
-------------------------------------------------------

Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.

Thursday, October 16, 2014

CPSC Staff Meets with California Home Furnishings Bureau

On Wednesday, October 15th, Rik Khanna, Consumer Product Safety Commission Office of Hazard Identification and Reduction, met with the California Bureau of Electronics and Appliance Repair, Home Furnishings and Thermal Insulation to participate in a kick off meeting for the Barrier Research Study on upholstered furniture flammability.

American Flock Association 29th Annual Meeting

October 27-28, 2014, come to North Carolina State University to the American Flock Association 29th Annual Meeting. There will be representatives of major North American flocking companies, there will be presentations on interesting flock research projects going on at UMass Dartmouth and NC State, and there will be a look at the future of the flocking industry. There will also be a tour of the College of Textiles' laboratories with an opportunity to discuss technical issues.

Click here for the registration form (credit cards accepted) and a link to discounted housing. Questions? Contact Steve Rosenthal.

Meeting Convened by Ambassador Froman to Build International Support for the Myanmar Initiative to Promote Fundamental Labor Rights and Practices

On October 10, 2014, U.S. Trade Representative Michael Froman brought together representatives of the U.S. government, Myanmar and other international governments, the International Labor Organization, the World Bank, and the International Finance Corporation to help build support for a joint U.S.-Myanmar (Burma) initiative to improve labor conditions in Myanmar. The labor initiative was announced during Ambassador Froman's visit to Myanmar, the first by a U.S. Trade Representative, in August.

Participants in the meetings at USTR included representatives from the United States, Myanmar, Australia, the European Commission, Japan, the Netherlands, Norway and Sweden. The International Labor Organization, World Bank, and International Finance Corporation also took part. In addition to Ambassador Froman, additional U.S. agency representatives from the Department of State, the U.S. Agency for International Development, the Department of Labor, and the Department of the Treasury participated in the meeting.

Prior to November 16, 2012, the U.S. had, since 1997, under Executive Order 13047, and since 2003 under the Burmese Freedom and Democracy Act of 2003 and Executive Order 13310, the United States had banned the importation of products of Burma.

Wednesday, October 15, 2014

2014 Special 301 Out-of-Cycle Review of India

In the 2014 Special 301 Report, In the 2014 Special 301 Report, the Office of the United States Trade Representative (USTR) announced that, in order to assess progress on engagement with the Government of India on intellectual property rights (IPR) issues, an Out-of-Cycle Review (OCR) would be conducted for India. USTR requests written submissions from the public concerning information, views, acts, policies, or practices relevant to evaluating the Government of India's engagement on IPR issues of concern, in particular those identified in the 2014 Special 301 Report.

Background

Section 182 of the Trade Act requires USTR to identify countries that deny adequate and effective protection of IPR or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act.

Those countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products are to be identified as Priority Foreign Countries. In addition, USTR has created a ``Priority Watch List'' and a ``Watch List'' under Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property.

In the 2014 Special 301 Report, USTR placed India on the Priority Watch List and noted that it would conduct an OCR of India focusing in particular on assessing progress made in establishing and building effective, meaningful, and constructive engagement with the Government of India on IPR issues of concern. An OCR is a tool that USTR uses to encourage progress on IPR issues of concern and can provide an opportunity for heightened engagement with a trading partner to address and remedy such issues.

2. Written Comments

To facilitate the review, written comments should be as detailed as possible and provide information and views relevant to assessing the quality of the Government of India's engagement on IPR issues of concern, in particular those issues identified in the 2014 Special 301 Report, including ideas on how the U.S. and Indian governments can enhance bilateral engagement, recommendations regarding the focus of such engagement, as well as the quality of engagement interested parties have experienced with the Government of India on IPR issues. Comments should focus on the time period since issuance of the 2014 Special 301 Report in April. To the extent relevant, USTR requests that comments include specific references to laws, regulations, policy statements, or other measures that should factor in the review and describe engagement interested parties have had with the Government of India on IPR issues of concern.

Deadlines: Friday, October 31, 2014--Deadline for the public, except foreign governments, to submit written comments. Friday, November 7, 2014--Deadline for foreign governments to submit written comments.

AATCC-NC State Moisture Management Symposium

Shawn Honeycutt and Frank Keohan of Bolger & O’Hearn recently attended the Moisture Management Symposium sponsored by AATCC in conjunction with NC State University was held Oct. 8-9th. The event featured a diverse group of speakers and attendees and opened to record-setting attendance. Agathon Associates thanks them for making this report available to clients and readers our daily news.

The well-organized symposium was chaired by Nelson E. Houser (M. Dohmen USA) And included speakers and attendees from AATCC (of course), academia, and most of the entire supply chain from retailers, brand owners, fiber suppliers, mills, and chemical suppliers.

Day 1 focused on defining the terms used surrounding "moisture management" and understanding the complexities involved in choosing and performing the appropriate test(s). Speakers and attendees provided multiple perspectives throughout the day. Stakeholders from consumers to ingredient providers were considered throughout the discussions.

Day 2 continued with moisture management and thermoregulation topics including associated test methods but the morning talks soon turned to the related and desired benefits of water repellency. The applications and characteristics of fluorinated and fluorine-free durable water repellents were covered in depth. Essentially, fluorinated finishes can provide the unique combination of oil and water repellency but come with some amount of perceived negative ecological profile, while top-performing fluorine-free products provide durable water repellency without the controversial ecological profile but at the cost of no oil repellency.

Both days were filled with presentations, discussions, and comments from industry leaders and associated interests to better understand the consumer-driven desired characteristics of moisture management and repellency. The research and textile testing capabilities of NCSU were also discussed and demonstrated. Interestingly, the 2-day symposium provided a forum for learning about and understanding the present state of the art while also exposing many gaps and opportunities for future development.

Bolger & O’Hearn reports that they have recently developed a market-leading Fluorine free durable water repellent -- Altopel F3.

The Patent Paradox

The question has plagued economists for so long that they finally had to name it.  It’s called the Patent Paradox and the question is this:   Why are there so many patent applications given that most patent turn out to be worthless? 

I addressed a part of this question in an earlier post but that discussion was focused more on the value of patents.  While fewer patents are as worthless as conventional wisdom would lead you to believe, it is also clear that there is a “lottery ticket” aspect to the potential value of a patent where a small proportion of patents represent the bulk of patent value. 

Still, the question is valid.  If a quarter of patents won’t cover their procurement costs and half of all patents are probably worth less than three times their procurement costs, why do so many companies go to the expense and aggravation of applying for a patent?

In Patent Portfolios, Gideon Parchomovsky and R. Polk Wagner propose an explanation of this paradox.  Their proposal is that patents should not be evaluated in isolation but should instead be evaluated as part of a broader portfolio.  Their belief is that the value of a patent portfolio will be greater than the value of the individual patents. 

The proposed mechanisms that drives this increased value are improvements in scope and diversity.  The idea behind their concept of scope starts with a simple observation:  an individual patent can only protect an individual innovation.  What Parchomovsky and Wagner point out is that by acquiring patent protection for a range of innovations that are related to a targeted market it becomes possible to create a “super patent” that can be used to more broadly defend the entire target market.

The idea of diversity is that multiple related patents are easier to defend in court.  When a company is defending itself in court, the risk is that the court will find that the underlying patent is invalid.  When patent protection is spread over multiple patents even if  a court holds a single patent to be invalid it is unlikely to find the same defect in multiple patents. 

To be clear, this is a theory.  Parchomovsky and Wagner’s paper was published in 2005 and is well known in the literature, the truth is that it is just the opinion of two academics.  While the paper provides case studies, makes some predictions and generally makes sense, I have not found a study that empirically confirms, or even tests, this proposition. 

Hopefully, something is in the works.

Below is a summary of selected patents that have been recently issued in textile related classification codes:

Yarns of polyoxadiazole and modacrylic fibers and fabrics and garments made therefrom and methods for making same:  This invention relates to a flame-resistant spun yarn, woven fabric, and protective garment, comprising a blend of 60 to 85 parts by weight of polyoxadiazole staple fiber and 15 to 40 parts by weight modacrylic staple fiber; based on 100 total parts of the polyoxadiazole staple fiber and modacrylic staple fiber in the yarn. This invention also relates to methods for making the yarn.  Patent:  8695319.  Inventor:  Zhe.  Assignee:  E I Du Pont De Nemours And Company. 

 Tufting machine and methodA method for using a tufting machine to produce athletic turf bearing precise graphic tuft patterns at a high throughput rate is disclosed. The utilized machine includes tenter frame and a series of tufting frames upon which tufting head components are mounted. The entire length of a piece of backing material is wrapped around the tenter frame, and the tenter frame circulates the backing past the tufting frames, and the tufting head components are shifted as may be necessary to form a desired graphic tuft pattern.  Patent:  8695519.  Inventor:  Bearden.  Not Assigned

Fire retardant panel compositions:  A fire retardant structural board is provided that includes a body of fibrous material, a triglycidyle polyester binder, a sodium borate pentahydride fire retardant, and a sodium borate pentahydride fire retardant. The body of fibrous material has a weight, first and second surfaces, first and second sides, and a thickness. The fibrous material and triglycidyle polyester are dispersed throughout the thickness of the body. The sodium borate pentahydride fire retardant is dispersed between individual fibers of the fibrous material and throughout the thickness of the body. A sodium borate pentahydride fire retardant composition also coats at least the first surface of the body.  Patent:  8697586.  Inventor:  Balthes, et.al.  Assignee:  Flexform Technologies, Llc

Nanowebs:  A nonwoven web of fibers that have a number average diameter of less than 1 micron. The web can have a Poisson Ratio of less than about 0.8, a solidity of at least about 20%, a basis weight of at least about 1 gsm, and a thickness of at least 1 micrometer.  Patent:  8697587.  Inventor:  Arora, et.al.  Assignee:  E I Du Pont De Nemours And Company. 

Surgical Bra with Mastectomy Kit:  A surgical compression bra for patient support with a mastectomy kit. The surgical bra includes a body portion with a releasable front closure, shoulder straps with releasable closures, an internal pocket, adjustable poly filled pad prostheses, and a detachable mastectomy pouch.  Patent:  8696403.  Inventor:   Haley.  Assignee:  Bras To Help Save The Ta Tas, Llc


Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.

Friday, October 10, 2014

Visit Spectro Coating and Claremong Flock at IFAI Expo

Spectro Coating Corp and Claremont Flock will be exhibiting at the Industrial Fabrics Association International ("IFAI") Specialty Fabrics Expo and Advanced Textiles Expo, October 13-16, in Minneapolis, Minn.

Claremont and parent company Spectro have been working on all types of new materials in short cut fiber, flocked products and coated materials. These include urethane coatings, glitter coatings, light weight materials, fiber glass, foams, rubbers, breathable coatings, reflective, UV resistant fibers, stretchable flocks, etc. They also have a new glow in the dark product they will have in the booth. All their our materials use water based coating and adhesives, and are proudly Made in the USA or undergo significant manufacturing processes in the U.S.A.

Wednesday, October 8, 2014

Happy Columbus Day

Monday, October 13th, is a federal holiday in the United States. National, state, and local government offices will be closed. Observance of the holiday by the private sector varies from region to region. In Boston, were Agathon Associates is based, many offices, including Agathon Associates, will be closed.
Monday we celebrate Columbus Day in honor of his historic voyages that opened communication, commerce, and migration between the Old World of Europe and the New World of the Americas. Columbus' voyages of discovery led directly to Spanish settlements in the New World that became, with time, the many Latin-American nations of South, Central and North America and the islands of the Caribbean. The United States, today a sea-to-sea continental nation with citizens and residents whose ancestors lived in every corner of the globe, likewise traces her beginnings to Columbus. As early as 1738 "Columbia" had entered the English tongue as a name for the 13 British colonies in North America that became our original 13 States. Yes, from the birth of our nation it was understood that it all started with Columbus. That's why Columbus matters.

The second Monday in October is also Thanksgiving Day in Canada.

How Long Does It Take?

According to the USPTO website, the “traditional” patent pendency takes 27.5 months.  This statistic measures the time from the filing of an applications until the time that either a patent is issued or the application is abandoned.  Unfortunately, this number can be misleading because it excludes applications that file a Request for Continued Examination (RCE). 

The patent application process is a series of interchanges between the applicant and the patent examiner.  Two of the services included in the initial filing fee are the first office action and the final office action.  The first office action is the initial response of the patent examiner regarding the patentability of the invention.  The applicant is then given an opportunity to modify their application in response to the patent examiner’s objections.  The patent examiner then reviews the modified application and issues a final office action either granting the patent or rejecting the application.  However, the use of the word final is misleading here because nothing needs to be final about final office action.  Through an RCE, and the associated filing fee, applicants have the ability to continue the examination if they believe the patent examiner’s objections can be overcome.  

RCE’s, which are very common, add approximately 10 months to pendency.

Since this is a textile blog, I thought it might be helpful to look at the pendency of textile related patents using a random sample of over 200 textile patents issued since August 2013.  The average pendency of these textile patents was 34.8 months and approximately 40% of these applications required an RCE.  About a quarter of textile related patents were issued in less than 18 months and about three quarters of textile related patents were issued within 46 months.  The quickest patent took 90 days and the longest patent took over 10 years.  About 5% of the patents took over 6.5 years.
Below is a summary of selected patents that have been recently issued in textile related classification codes:
Anti-slip spike structure:  An improved anti-slip spike structure which is used in soles of snow shoes or special anti-slip shoes. The anti-slip spike is mainly arranged on a sole surface. The metal spike body is wrapped with a hard rubber body placed in a solid cylindrical rod-shaped rubber spike. Since the rubber spike is entirely wrapped and has a large placement plane, it is easy to position the rubber spike in a mold. In addition, when the rubber spike is pressed to be shaped, the spike does not skew or shift.  Patent:  8695234.  Inventor:  Wu.  Not Assigned.

Soccer shoe component or insert made of one material and/or a composite and/or laminate of one or more materials for enhancing the performance of the soccer shoe:  A soccer shoe absorbs and stores energy from the foot at foot-strike and return some of this energy to the object being struck. The shoe may also cushion the foot, leg and body; provide foot stability and motion control; reduce fatigue; extend the float time of a runner and increase the jump height of the wearer. The shoe is intended to absorb, store and return energy to the object struck, which would otherwise be lost using the existing shoe components and inserts. The shoe has a vertical component that extends around the periphery of the front of the shoe and another component (horizontal) that extends longitudinally from the front of the shoe towards the back of the shoe, at least to about the middle of the shoe, and preferably proximate the heel of the shoe.  Patent:  8695235.  Inventor:  Perron.  Not Assigned.

Method for forming a high strength synthetic rope:  A method is provided for forming a high strength synthetic rope useful for towing warps, trawler warps, yachting ropes, mooring lines, anchor lines, oil derrick anchoring lines, seismic lines, seismic lines and any other uses for rope, cable or chain.  Patent:  8695317.  Inventors Erlendsson and Safwat.  Assignee:  Hampidjan Hf. 

Method and system for manufacturing cable bead:   A method and system for manufacturing high-quality cable beads with efficiency. The method includes the steps of arranging a plurality of carriages carrying a core and a reel wound with a wire around a reel revolving means having at least two arms, attaching the core to a core rotating means for rotating the core in a circumferential direction by holding it with one of the arms and positioning the reel on one side of the core by holding it with the other of the arms, manufacturing a cable bead by revolving the reel by holding it alternately with each of the two arms, and returning the cable bead and the reel to the carriage using the two arms. Thus, the setting of the reel and the core, the manufacturing of a cable bead, and the returning of the cable bead and the reel back to the carriage are performed automatically.  Patent:  8695318.  Inventor:  Owaga.  Assignee:  Kabushiki Kaisha Bridgestone. 

Quilting machine and improved driving system for such quilting machine:  An improved quilting machine, with a housing made by a C-shaped frame that has upper and lower arms, wherein the needle structure at the front end of the upper arm have conventional design (as used in commercial sewing machines) and the bobbin is placed to an elevated height by providing an upwardly extended end portion of the lower arm and an offset shaft transmission.   By such a simple design the reciprocating mass of the needle structure and the mass of the torque transmission means are reduced, conventional needle moving structures can be used and owing to the lighter load, the dimensions of the drive train can be less massive and heavy.  Patent:  8695517.  Inventor:  Kasa.  Not Assigned.

Jim Carson is a principal of RB Consulting, Inc. and a registered patent agent.  He has over 30 years of experience across multiple industries including the biotechnology, textile, computer, telecommunications, and energy sectors.  RB Consulting, Inc. specializes in providing management, prototyping, and regulatory services to small and start-up businesses.  He can be reached via email at James.Carson.Jr@gmail.com or by phone at (803) 792-2183.


Tuesday, October 7, 2014

Wool Textile Company Featured In National Starbucks Ad

Connecticut Company Featured In National Starbucks Ad

Report on Some U.S. Foreign Trade Zones of Interest

Foreign Trade Zones ("FTZs") were created in the United States to provide special customs procedures to U.S. plants engaged in international trade-related activities. Duty-free treatment is accorded items that are processed in FTZs and then reexported, and duty payment is deferred on items until they are brought out of the FTZ for sale in the U.S. market. This helps to offset customs advantages available to overseas producers who compete with domestic industry. In situations where zone manufacturing results in a finished product that has a lower duty rate than the rates on foreign inputs (inverted tariff), the finished products may be entered at the duty rate that applies to its condition as it leaves the zone. In other words, FTZ procedures can be a way to eliminate paying import duties on your foreign inputs.

Until 2009 most textiles were excluded from consideration for FTZs. Since then the number of filings relating to textiles has increased significantly. Agathon Associates has compiled a list of some of the FTZ filings that may be of interst to our blog readers (in each case click on the Docket Number to get a full report each individual FTZ filing).

Monday, October 6, 2014

Customs and Border Protection Airport and Seaport Inspections User Fee Advisory Committee to Meet October 22nd

The U.S. Customs and Border Protection Airport and Seaport Inspections User Fee Advisory Committee (UFAC) will meet on Wednesday, October 22, 2014, in Washington, DC. The meeting will be open to the public.

2014 Special 301 Out-of-Cycle Review of Kuwait

In the 2014 Special 301 Report, the Office of the United States Trade Representative ("USTR") announced that, in order to monitor progress on specific intellectual property rights ("IPR") issues, an Out-of-Cycle Review ("OCR") would be conducted for Kuwait. USTR requests written comments from the public concerning any act, policy, or practice that is relevant to the decision regarding whether Kuwait should be identified under Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242).

Deadlines: The deadline for the public, except foreign governments, to submit written comments is Wednesday, October 15, 2014. The deadline for foreign governments to submit written comments is Monday, October 20, 2014.

Section 182 of the Trade Act requires USTR to identify countries that deny adequate and effective protection of IPR or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. The provisions of Section 182 are commonly referred to as the ``Special 301'' provisions of the Trade Act.

Those countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products are to be identified as Priority Foreign Countries. In addition, USTR has created a ``Priority Watch List'' and a ``Watch List'' under Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property.

An OCR is a tool that USTR uses to encourage progress on IPR issues of concern. It provides an opportunity for heightened engagement with a trading partner to address and remedy such issues. Successful resolution of specific IPR issues of concern or lack of action on that concern can lead to a change in a trading partner's Special 301 status outside of the time frame for the annual Special 301 Review.

In the 2014 Special 301 Report, USTR noted that it would conduct an OCR of Kuwait focusing in particular on the Government of Kuwait's efforts to address deficiencies in both its copyright legislation and its intellectual property enforcement practices. The 2014 Special 301 Report included specific steps that Kuwait would need to take by the conclusion of the OCR to avoid being moved to the Priority Watch List: (1) Introduce amendments to the current copyright legislation that meet international standards; and (2) resume enforcement against both copyright piracy and trademark infringement.

Friday, October 3, 2014

Customs Seizes Half Million Dollars in Counterfeit Handbags and Toys

U.S. Customs and Border Protection ('CBP") officers working at the Houston/Galveston seaport seized over 200 counterfeit handbags September 29th.

The shipment, which originated from China, was manifested as bags, plastic toys and jewelry. However, when CBP officers examined the shipment, cartons of women's handbags bearing counterfeit Prada, Christian Dior, Michael Kors, and other name brands were discovered. Also in the shipment were cartons of plastic building blocks bearing the Lego brand. The total value of the shipment was $500,000.

CBP officers provided images of the items to the different trademark holders who each confirmed that the imported handbags and building blocks were counterfeit and confusingly similar to the genuine brand. The import specialists determined the MSRP value of the goods. The seized items, which were enroute to a Houston store, will be destroyed. Homeland Security Investigations is investigating.

Last year, CBP seized more than $4.7 million in intellectual property rights violations nationwide. Handbags and wallets were the highest valued seized goods with an value estimate of more than $700 million, up from more than $500 million in 2012.

To enforce intellectual property rights, CBP relies on trademark owners registering with the Patent and Trademark Office and by recording the trade name with CBP at e-Recordation. Agathon Associates can assist you in recording you trademarks.

Federal Business Opportunities, Friday, October 3, 2014

Recently posted federal business opportunities.
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Title:             83--TENT,COT
Agency:            Defense Logistics Agency
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Title:             Soft Shelters (Tents)
Agency:            Department of the Air Force
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Title:             83--CLOTH,AIRPLANE
Agency:            Defense Logistics Agency
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Title:             Leather Gloves
Agency:            Defense Logistics Agency
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Title:             84--SUITCASE
Agency:            Defense Logistics Agency
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Title:             GLOVE, RUBBER INDUSTRIAL, TYPE III
Agency:            Defense Logistics Agency
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Title:             Fly, Tent, Nylon, Polyurethane Coated
Agency:            Defense Logistics Agency
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Title:             Ballistic Helmets
Agency:            Other Defense Agencies
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Title:             ESG Combat Airman RFI #1
Agency:            Department of the Air Force
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Clients of Agathon Associates and subscribers to Agathon Associates' Trade Advisor Service can find links to the full solicitations at www.agathonassociates.com/textile-pri/berry/fbo.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at david@agathonassociates.com.

Happy German Unity Day

Agathon Associates wishes our clients and friends in German best with on this, the national holiday to celebrate German unity.