Certain Agricultural Vehicles and Components Thereof

In the Matter of

Certain Agricultural Vehicles and Components Thereof

Investigation No. 337-TA-487

Publication 3735 December 2004

Washingion, DC 20436

COMMISSIONERS

Stephen Koplan, Chairman Deanna Tanner Okun, Vice Chairman

Marcia E. Miller Jennifer A. Hillman Charlotte R. Lane Daniel R. Pearson

Address all communications to Secretary to the Commission

United States International Trade Commission Washington, DC 20436

~

U.S. International Trade Commission I I

Washington, DC 20436 www. usitc.gov

In the Matter of

Certain Agricultural Vehicles and Components Thereof

Investigation No. 337-TA-487

Publication 3735 December 2004

E3 z % ?

--.5

s= 13

UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. -

- - h,

In the Matter of 1 )

CERTAIN AGRICULTURAL VEHICLES ) Inv. No. 337-TA-487 a AND COMPONENTS THEREOF 1

NOTICE OF ISSUANCE OF GENERAL EXCLUSION ORDER, LIMITED EXCLUSION ORDERS, AND CEASE AND DESIST ORDERS; TERMINATION OF THE

INVESTIGATION 1

AGENCY US. International Trade Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order, two limited exclusion orders, and cease aahl desist orders in the above-captioned investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office o f the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 205-3090. Copies of the ALJ’s ID and all other noncodidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office o f the Secretary, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone 202- 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://iuww.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS-ON-LINE) at http:/,edis, usitc.gov. Hearing- impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202-205- 1 8 10.

SUPPLEMENTARY INFORMATION: February 13,2003, based on a complaint filed by Deere & Company (“Deere”) o f Moline, Illinois. 68 FR 7388 (February 13,2003). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and sale within the United States after importation o f certain agricultural vehicles and components thereof by reason of infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; 1,503,576; and 91,860.

The Commission instituted this investigation on

On August 27,2003, the Commission issued notice that it had determined not to review

Order No. 14, granting complainant’s motion to amend the complaint and notice o f investigation to add U.S. Trademark Registration No. 2,729,766.

On November 14,2003, the Commission issued notice that it had determined not to review Order No. 29, granting complainant’s motion for summary determination that complainant had met the technical prong of the domestic industry requirement.

Twenty-four respondents were named in the Commission’s notice o f investigation. Several of these have been terminated from the investigation on the basis of consent orders. Several other respondents have been found to be in default.

On January 13,2004, the presiding administrative law judge (“ALJ”) issued his final initial determination (“ID) finding a violation of section 337. He also recommended the issuance of remedial orders. Two groups of respondents petitioned for review o f the ID. Complainant and the Commission investigative attorney (“IA”) filed oppositions to those petitions.

On February 18,2004, the Commission issued notice that it had decided to extend the time to determine whether to review the ID to March 29,2004, and to extend the target date for completing the investigation to May 13,2004.

On March 30,2004, the Commission issued notice that it had decided not to review the ID and set a schedule for written submissions on remedy, the public interest, and bonding. Complainant, respondents, and the IA timely filed such submissions.

Having examined the relevant portions o f the record in this investigation, including the ALJ’s recommended determination, the written submissions on remedy, public interest, and bonding, and the replies thereto, the Commission determined to issue (1) a general exclusion order prohibiting the unlicensed entry for consumption o f European version self-propelled forage harvesters manufactured by or under the authority o f Deere & Co. which infringe any of the asserted trademarks, (2) a limited exclusion order prohibiting the unlicensed entry for consumption o f European version telehandlers manufitctured by or under the authority of Deere & Co. which infringe any of the asserted trademarks, (3) a limited exclusion order prohibiting the unlicensed entry for consumption o f agricultural tractors which infringe one or more of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576, (4) cease and desist orders to certain respondents prohibiting activities concerning the importation and sale o f European version self-propelled forage harvesters manufactured by or under the authority o f Deere & Co. which would constitute infringement o f any of the asserted trademarks, (5) cease and desist orders to certain respondents prohibiting activities concerning the importation and sale of agricultural tractors which would constitute infringement o f one or more of U.S. Registered Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576.

The Commission also determined that the public interest factors enumerated in section

2

337(d) do not preclude the issuance of the aforementioned remedial orders and that the bond during the Presidential review period shall be 90 percent of the entered value of the articles in question.

This action is taken under the authority o f section 337 o f the Tariff Act o f 1930,19 U.S.C. 6 1337, the Administrative Procedure Act, and sections 210.41-51 of the Commission’s Rules of Practice and Procedure, 19 C.F.R. 2 10.41 -5 1.

By order of the Commission.

Secretary to Scornmission

Issued: May 14,2004

3

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF 337-TA-487

CERTIFICATE OF SERVICE

I, Marilyn R. Abbott. hereby certify that the attached NOTICE OF ISSUANCE OF GENERAL EXCLUSION ORDER, LIMITED EXCLUSION ORDERS, AND CEASE AND DESIST ORDERS; TERMINATION OF THE INVESTIGATION, was served upon all parties via first class mail and ai: mail where necessary on May 14,2004..

500 E Street, SW - Room 112 Washington, DC 20436

ON BEHALF OF COMPLAINANT DEERE AND COMPANY:

Robert S. Swecker, Esq. Burns, Doane, Swecker and Mathis, LLP 1737 King Street, Suite 500 Alexandria, Virginia 22314

ON BEHALF OF FITZPATRICK FARMS,

FARMS:

William A. Zeitler, Esq Thompson Coburn, LLP 1909 K Street, NW Suite 600 Washington, DC 20006

CO-AG LLC. STANLEY FARM AND J&T

ON BEHALF OF BOURDEAU BROS.. INC., ERNTETECHNIK FRANZ BECKER.. OK ENTERPRISES AND SUNOVA IMPLEMENT COMPANY

David P. Miranda, Esq. Heslin Rothenberg Farley & Mesiti, P.C. 5 Columbia Cirde Albany, NY 12203

UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. .

In the Matter of

CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Inv. No. 337-TA-487

GENERAL EXCLUSION ORDER

The Commission has determined in this investigation that there is a

violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 3 1337) in the

unlawful importation, sale for importation and/or sale after importation of certain

agricultural vehicles thereof that infringe U.S. Trademark Registration Nos.

1,254,339; 1,502,103; 1,503,576; 91,860; and 2,729,766.

Having reviewed the record in this investigation, including the written

submissions of the parties, the Commission has made its determination on the

issues of remedy, the public interest, and bonding. The Commission has

determined that the appropriate form of relief in this investigation is a general

exclusion order directed to self-propelled forage harvesters, and limited exclusion

orders directed to telehandlers and agricultural tractors, respectively. The

Commission has also determined to issue cease and desist orders against certain

respondents with respect to self-propelled forage harvesters and agricultural

tractors.

The Commission has further determined that the public interest factors

enumerated in 19 U.S.C. 0 1337 (d) and (f) do not preclude issuance of the

exclusion orders or the cease and desist orders, and that the bond during the

Presidential review period shall be in the amount of ninety (90) percent of the

entered value of any imported infringing agricultural vehicles.

The general exclusion order, limited exclusion orders, and cease and desist

orders are being issued as separate orders. The general exclusion order is set out

below.

The Commission hereby ORDERS that:

1. Self-propelled forage harvesters manufactured by or under authority of Deere & Company (5000 and 6000 series) for sale and use in Europe which (a) bear one or more of the following federally-registered US. trademarks:

U.S. Reg. No. 1,254,339;

US. Reg. No. 1,502,103;

U.S. Reg. No. 1,503,576;

U.S. Reg. No. 91,860; and

US. Reg. No. 2,729,766,'

and @) are materially different from self-propelled forage harvesters manufactured by or under authority of Deere and Company for sale and use in the United States, are excluded from entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, except i f imported by, under license

1 Copies of these registrations are attached.

2

2.

from, or with the permission of the trademark owner, or as provided by law, until such date as the trademarks are abandoned, canceled, or rendered invalid or unenforceable. This paragraph shall apply to covered forage harvesters exported, shipped, sold, purchased, or imported by any and all persons, including authorized John Deere dealers.

Self-propelled forage harvesters excludable under paragraph 1 of this Order are entitled to entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, under bond in the amount of ninety (90) percent of entered value pursuant to subsection (j) of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337(j), from the day after this Order is received by the President until such time as the President notifies the Commission that he approves or disapproves this action but, in any event, not later than sixty (60) days after the date of receipt of this action.

3. In accordance with 19 U.S.C. 9 1337(1), the provisions of this Order shall not apply to self-propelled forage harvesters that are imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government.

4. Complainant Deere & Company shall file a written statement with the Commission, made under oath, each year on the anniversary of the issuance of this Order stating whether Deere & Company continues to use each of the aforesaid trademarks in commerce in the United States in connection with self-propelled forage harvesters and whether any of the aforesaid trademarks has been abandoned, canceled, or rendered invalid or unenforceable.

5. The Commission may modify this Order in accordance with the procedures described in Rule 210.76 of the Commission’s Rules of Practice and Procedure, 19 C.F.R. 0 210.76.

6. The Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade

3

Commission, and the U.S. Bureau of Customs and Border Protection.

7 . Notice of this Order shall be published in the Federal Register.

By Order of the Commission.

Marilyn R. @ott Secretary

4

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ht. Cls.: 7 and 12

Prior U.S. as.: 19 and 23 Reg. No. 1,254,339

United States Patent and Trademark Office Regktered Oct 18,1983

TRADEMARK Principal Register

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Deem & Company @&ware corpora ti^& John Dcue Rd- Molinc, Ill. 61265

For: AGRJCULNRAL AND LAWN C m E MACHINES-NAMELY, BALERS,

FORAOE HAR-Sl’ERS, SEEDERS. COM-

MACHINES LAWN MOWERS, in CLASS 7 (U.5. U. 23).

CARTS FOR CARRYING GRAIN, in CLASS 12 (U.S. CI. 19).

WINDROWERS MOWER-CONDITIONERS,

BINES. SPRAYERS, BEET HARVESTERS, COT- TON H A R V E S ~ R S , . HAY STACKINO

Fiii use 1968: in commerce 1968. FOR TRACTORS AND POWER-OPERATED

F~KC use 1956; in commerce 1956. The drawing is lined for the colors grem and

The mark comisrs of a hotir0nt.l yellow stripc on

The configuration of a machine hood is shown by dotted lines m the drawing and docs not form a put of the m8rk.

ellow. .5 a grem machine hood or panel.

sec 2 0 .

Ser. No. 357,21 I,. filed M.q. 29, 1982. . JEFFERSON FRIDAY. Examining Attorney

c

Ins. el.: 12

Prior U.S. CI.: 19 NO* 1,502,103 United States Patent and Trademark Office ~egirtvea A- a, 19m

,.y --.

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i _.

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Prior U.S. Q.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Registwed SS. 13, UWB

TRADEMARK PRINCIPALREGISTER

. . . --

. . . . . . . , .

. .. . . . . .

. .

. . , . . .

FOR: WHEELED AGRICULTURAL. LAWN AM) GARDEN, AND MATERIAL HANDLING

CHINES, MO- - SHREDDEM,

MACHXNES NAMELY, "ILLAGE MA- HAYING MAQIINES HARVJZSTINQ MA- SPRAYERS, LOADERS. SPREADERS, PLANT- IN0 MA-, AND SNOW REMOVAL MA- - IN CLASS 7 (U.S. CL. 23).

'

FIRST USE 12-31-1905; IN COhfMERm 12-31-lW5.

OWNER OF U.S. REO. NOS. lJS4.339 AND 1296Ou2. THE D R A W Q IS LINED FOR A BRIOHT

QREEN COLOR, AND A BRIGM YELLOW 'COLOR, AND CWIM IS MADE FOR SVQL CouIRS.

s= 209. S k NO. 574,301, FILED 12-19-198S.

DAVIDH.SIRJE,EXAML"OA"EY

.: -

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..

Stah of lolinok count of Rock Idand ES.

poses and says that he IS a vice-president of the corporabon named IIS a pllcant in the fomgo+g stotement; that !e believe. t h e foregomg statement IS true; that he believes mid corporathn to be the owner of the mnrk sought to be repstered ; th?t no other erson, firm corporation or nssociution, to tEc best of dis Imowledge and belief, hns the ri h t to use. said mark In the United States, eitfer in the i d a t i d form or in any such nem re- semblance thmFo os might be calculated to

GEORGE W. Mlrrm, t .ebg $uly sworn, de-

.UNITED

tribes, and particularly with Canada; *at

represent the mark sought to ba r e @ d that the facsimilesshow the mark as a c t u d y used upon the g o d s , and that the mork has been in nctual 11se.n~ o trade-mark of the n pliccmt and ap hcant's predecessors from w\om title RPS &rived, for ten yeus next preceding February 20, 1005, and that to the best of his knowledge and belief, mch use has been exclusive.

the descriphon and drawing present& trtl]

GEORGE W. MIXTER .

RENEWED STATES PATENT OPFICE.

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e

J O H N DEERE

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Re-renewed. June 3,. 1953, t o Deere & Company, ~ i i i n o i s , a corporation o f I l l inois .

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. . . . . . . . . .

. . of Moline, . . .

..

.. . .. ..

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I

'. I -.

, Int CI.: 7

Prior US. Cis.: 13,19,21,23,31,34, and 35

United States Patent and Trademark Office . Reg. No. 2,729,766

~+dcrea J I ~ 24, m3

TRADEMARK PRIFJCIPAL REGISTER

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UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.

In the Matter of


Inv. No. 337-TA-487

LIMITED EXCLUSION ORDER (TELEHANDLERS)


violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 0 1337) in the

unlawful importation, sale for importation andor sale after importation of certain

agricultural vehicles thereof that infringe U.S . Trademark Registration Nos.

1,254,339; 1,502,103; 1,503,576; 91,860; and 2,729,766.









tractors.







orders are being issued as separate orders. The limited exclusion order with

respect to telehandlers is set out below.


1. Telehandlers manufactured by or under authority of Deere & Company for sale and use in Europe which (a) bear one or more of the following federally-registered U.S. trademarks:

U.S. Reg. No. 1,254,339;

U.S. Reg. No. 1,502,103;

U.S. Reg. No. 1,503,576;

U.S. Reg. No. 91,860; and

U.S. Reg. No. 2,729,766,'

(b) are imported by or on behalf of Agra-Infocentrum-Benelux, Fitzpatrick Farms, or Stanley Farms, or any of their affiliated companies, parents, subsidiaries, contractors, licensees, or other related business entities, or their successors or assigns, and (c) are materially different from telehandlers manufactured by or under authority of Deere for sale and use in the United States are excluded from entry for consumption into the United States, entry

1 Copies of these registrations are attached.

2

for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, except if imported by, under license from, or with the permission of the trademark owner, or as provided by law, until such date as the trademarks are abandoned, canceled, or rendered invalid or unenforceable.

2. Telehandlers excludable under paragraph 1 of this Order are entitled to entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, under bond in the amount of ninety (90) percent of entered value pursuant to subsection (j) of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337(j), from the day after this Order is received by the President until such time as the President notifies the Commission that he approves or disapproves this action but, in any event, not later than sixty (60) days after the date of receipt of this action.

3. In accordance with 19 U.S.C. 0 1337(1), the provisions of this Order shall not apply to telehandlers that are imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government.

4. Complainant Deere & Company shall file a written statement with the Commission, made under oath, each year on the anniversary of the issuance of this Order stating whether Deere & Company continues to use each of the aforesaid trademarks in commerce in the United States in connection with telehandlers and whether any of the aforesaid trademarks has been abandoned, canceled, or rendered invalid or unenforceable.


6. The Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and the U.S. Bureau of Customs and Border Protection.

7. Notice of this Order shall be published in the Federal Register.

3


Secretary

4

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hc Cis.: 7 and 12

Prior U.S. CIS.: 19 and 23

United States Patent and Trademark Office Re& Nom 1,254,339

fiemered Oct 18,1983


. . . .

8 Company (Delaware corporalion) first UK 1956; in commercc 1956. The drawing k lined b r the colon g m =,,d John Deuc Rd.

Moline, Ill. 61265 yellow.

For: AGRICULTURAL AND LAWN &E MACHINES-NAMELY, BALERS. W i N D R o ~ . MOWER-CONDITIONERS; FORAGE HARVEST=, SEEDERS, COM.

. BINES. SPRAYERS. BEET HARVESTERS, COT- TON HAR-RS,’ HAY STACKING MXCJ~INES AND LAWN MOWERS. in CLASS 7 (U.S. Q. 23).

CARTS FOR CARRYING GRAIN, in CLASS 12

Fit we 1968; in commerce 1968. For: TIUCToRS AND POWER-OPERATED

(U.S. Q. 19).

The mark CO& of a horiranul yellow stripe on a green machine hood or p.mL

The configuration of a machine haod is show by dotted lines in the drawing and daa not form I put of the mark.

scf 2(0.

Ser. No. 35791 I.. filed w. 29, 1982. . JEFFERSON FRIDAY, E*nrmnur . . 0 Attoraey

Int. a:: l2 . .

Prior U.S. (2.: 19 RW NO. 1,502,103.

United States Patent and Trademark Office RW 30; 191~

e-- . . . .

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FOR: A G W W L W U L TRACTORS. LAWN. AND .GAmm m C T O R S , TRAILULS, WAGONS. AND CARTS, IN C U S S 12 (US. CL

FIRST USE 1 ~ ~ 3 j - 1 9 1 8 ; .IN COMMERCE

OWNER OF U.S. REG. NOS. 1,254,339 AND

19).

'12-31-1918.

1.296,UZ D R A m G IS LINED FOR A BRIGHT

GREEN COW& S O m M E S KNOWN AS

'

YELLOW COLOR,' AND CLAIM IS MADE FOR SUCH COLORS. THE MARK CONSISTS OF A GREEN VEHI.

CLE BODY OR FRAME WR?i &W WHEELS. THE CONFlGURATlON OF A GRAIN CART IS S H O W IN DO- LINES IN M E DRAWINGS FOR ILLUSTRATIVE PURPOSES ONLY AND DOES NOT FORM A PART OF "E MARK.

SEC am. SER NO. 574.306. FILED 12-19-1985.

DAVID H. SrIINE, E X A W I N G A"T0-Y . . , ' . . .

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. .

Prior U.S. CI.: 23 Reg. No. 1,503,576

. United States Patent and Trademark Office R-& U,


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III trstitnony w h e d 1 haw ,hcmmto SCI nr-v .hand . . and cawed thc SMI of The Patent oad Trodemark

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RENEWED

state of IUinois count of Rock Island es GEORGE W. &f=rm,<eing pdy s\vom, de-

poses md says thnt he xi o vice-president of the corporatm nnmed ns a plicnnt in the foregoing s tnhent ; thnt l e believes the foregoing stn,tement IS true; that he believes snid corporntaon to be the owner of the mark sought to be rwstered; thnt no other erson, firm,. corporation or nssociation, to tEc best of hls lmowledge and belief, has the ri bt to use sad muk In the United Stab, ei& jn the identld form or in any such near re- ~emblnnce thereto 08 might be calculnted to deceive; ent said mark s used b said cor-

d e sereml kb of the United Scntes, ,% between the United States and foreign notions or Indian

orstion m commerce amon

.UNITED STATES PATENT OFFICE.

tribes, imd particnlarly $th Cpllrrda; that the descriphon and drnwing pres&ed represent the mnrlr sought to be registered; that the focsimiIes show the mark as actudy used upon the goods, and thnt the mark hns been in nctuol 11% as a trade-mark of the a plicnnt and ap licant's predecessom. from =$om titJe wns xwived, for ten Years next preceding Februnry 20 1005, and thnt to the best o f his knqnledge and belief, such use hns been exclunve.

GEORGE W. 31 UTER

Sworn m d stibscribed to before me, a no- ta public, this 3rd da of October, 1911. z. 8.3 5. C. SIMMON

Notory Pubkc.

DEERE & Corn-, OF MOLINE, ILLILTOIS.

TRADSXARX FOB CERTAIN NdMED CUTLERY, XACEIZJERY; AND TOOLS.

. . . . . . . .

( .

JOHN DEERE

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&-renewed June 3; 1953, to Deem & Company, of Moline,. Ill inois, a corporation of I l l i n o i s .

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e

, Int Ci.: 7

Prior US. a: 13,19,21,23,31,34, and 35

United States Patent and Trademark Office . Re. No. 2,729,766

Redered JI 24, m3

TRADEMARK PRINCIPAL REGISTER

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In the Matter of

I CERTAIN AGRICULTURAL VEHICLES AND COMPONENTS THEREOF

Inv. No. 337-TA-487

LIMITED EXCLUSION ORDER (AGRICULTURAL TRACTORS)


1337) in the violation of Section 337 of the Tariff Act of 1930 (19 U.S.C.

unlawful importation, sale for importation and/or sale after importation of certain

agricultural vehicles thereof that infringe U.S. Trademark Registration Nos.

1,254,339; 1,502,103; 1,503,576; 91,860; and 2,729,766.









tractors.







orders are being issued as separate orders. The limited exclusion order regarding

agricultural tractors is set out below.


1. Agricultural tractors that infringe one or more of the following federal1 y-registered U.S. trademarks:

U.S. Reg. No. 1,254,339;

U.S. Reg. No. 1,502,103; and

U.S. Reg. No. 1,503,576,'

and that are manufactured abroad by or on behalf of, or are imported by or on behalf of, China America Imports, Lenar EQuipment LLC, Pacific Avenue Equipment, SamTrac Tractor and Equipment, or Task Master Equipment LLC/ Tractors Etc., or any of their affiliated companies, parents, subsidiaries, contractors, licensees, or other related business entities, or their successors or assigns, are excluded from entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, except if imported by, under license from, or with the permission of the trademark owner, or as provided by law, until such date as the trademarks are abandoned, canceled, or rendered invalid or unenforceable.

I Copies of these registrations are attached.

2

2. Notwithstanding paragraphs 1 of this Order, the aforesaid agricultural tractors are entitled to entry for consumption into the United States, entry for consumption from a foreign-trade zone, or withdrawal from warehouse for consumption, under bond in the amount of ninety (90) percent of entered value pursuant to subsection (i) of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 9 1337(j), from the day after this Order is received by the President until such time as the President notifies the Commission that he approves or disapproves this action but, in any event, not later than sixty (60) days after the date of receipt of this action.

3. In accordance with 19 U.S.C. 0 1337(1), the provisions of this Order shall not apply to agricultural tractors that are imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government.

4. Complainant Deere & Company shall file a written statement with the Commission, made under oath, each year on the anniversary of the issuance of this Order stating whether Deere & Company continues to use each of the aforesaid trademarks in commerce in the United States in connection with agricultural tractors and whether any of the aforesaid trademarks has been abandoned, canceled, or rendered invalid or unenforceable.


6. The Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and the U.S. Bureau of Customs and Border Protection.

7. Notice of this Order shall be published in the Federal Register.

3


Marilyn R w o t t Secretary

4

. . . .

at, Cis.: 7 and 12

Prior U.S. CIS.: 19 and 23 0 Reg. No. 1,2254,339

United States Patent and Trademark Office Registered Ort IS, 1983


. . . . . .

Res, NO, 1,502,103.' . . .

prior US. c1.: 19

' . , ' United3tates Patent and Trademark Office Reglrtvcd a, 1988 _. ' .,.

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. . ' ' m-. . .;. . . ; .PRITUQPALREGmi ' . .

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. . . .

DEERE & WhfF" @ELAWARE CORPORA- . TION). JOHN D m ROAD MOLINE, IL 61265

FOIL. AGRICUL~URAL TRACTORS, LAWN. AND GARDEN TRACTORS, TRAILERS, WAGONS. AND CARTS. IN CLASS 12 (U.S. CL. 19). FIRST USE 12-31-1918; IN COMMERCE

'12-31-1 91 8. OWNER OF US. REG. NOS. 1,254,339 AND

70" DEERE" . GREEN. AND ' 4 BIUOKT

SUCH COLORS. YELLOW COLOR, AND CLAIM rs MADE FOR

1.296,UZ. SER NO. 574.308, FILED 12-19-1985. . GREEN COLOR SWET'bfES KNOWN AS DAVIDH.STINE,EXAMIMNGAmmy . THE DRAWING rs LINED FOR A BRIGHT

i ,. . . . . _

. .. . .

. . . .

I . . . . .. .

. . . .

0

Prior U.S. (31: 23 Reg. No. 1,503,576

United States Patent and Trademark Office R- U,


JOHNDEEREROAD . MOLINE, IL 632a

FIRST USE 12-31-1m; IN CO-Cg 12-31490%

OWNER OF U S REG. NOS. 1,254,339 AND 1m2~UZ THE DRAWING IS LINED FOR A BRIOHT

GREEN COLOR, AND A BRIGHT YaUlW COLOR, AND CUIM Is MADE FOR SUCK COUIILS.

sEc?o.. SI&. NO. 574,301, FILED 12-19-198S.

DAVID H. SITNE, EXAh-fINING ATIDRNEY

./ .

. .

. . i

. . . .

. . .


In the Matter of


Inv. No. 337-TA-487

.ORDER TO CEASE AND DESIST

IT IS HEFEBY ORDERED THAT SamTrac Tractor & Equipment, 3199

Plummers Lane, No. 13, Chico, CA 95973, cease and desist from conducting any

of the following activities in the United States: importing, selling, advertising,

distributing, marketing, consigning, transfemng (except for exportation), offering

for sale or soliciting U.S. agents or distributors for certain agricultural vehicles, as

described below, in violation of Section 337 of the Tariff Act of 1930, as

amended, 19 U.S.C. 0 1337, except as provided in Section IV.

I.

(Definitions)

As used in this Order:

(A) “Commission” shall mean the United States International Trade

Commission.

(B) “Deere” shall mean Deere & Company, One John Deere Place,

Moline, Illinois 61250, complainant in this investigation, and its successors and

assigns.

(C) “Respondent” shall mean SamTrac Tractor & Equipment, 3199

Plummers Lane, No. 13, Chico, CA 95973.

@) “Person” shall mean an individual, or any non-governmental

partnership, firm, association, corporation, or other legal or business entity other

than Respondent or its majority owned or controlled subsidiaries, their successors,

or assigns.

(F) “United States” shall mean the fifty States, the District of Columbia,

and Puerto Rico.

(G) The terms “import” and “importation” refer to importation for entry

for consumption, entry for consumption from a foreign-trade zone, and

withdrawal from warehouse for consumption under the Customs laws of the

United States.

The term “covered product” shall mean agricultural tractors that are

manufactured abroad by or on behalf of, or are imported by or on behalf of,

Respondent, that infringe the following federally-registered U.S. trademarks: U.S.

Reg. No.1,254,339; U.S. Reg. No. 1,502,103; or U.S. Reg. No. 1,503,576, and

that are not imported by, under license from, or with the permission of the

trademark owner, or as provided by law.

2

11.

(Applicability)

The provisions of this Cease and Desist Order shall apply to Respondent

and to any of its principals, stockholders, officers, directors, employees, agents,

licensees, distributors, contractors, controlled (whether by stock ownership or

otherwise) and/or majority owned business entities, successors, and assigns, and

to each of them, insofar as they are engaging in conduct prohibited by Section III,

infra, for, with, or otherwise on behalf of Respondent.

111.

(Conduct Prohibited)

The following conduct of the Respondent in the United States is prohibited

by the Order. Until such date on which the trademarks identified in Section I o

above are abandoned, canceled, or rendered invalid or unenforceable, Respondent

shall not:

(A) import or sell for importation into the United States covered products

except under license of the trademark owner;

(B) market, distribute, offer for sale, sell, or otherwise transfer (except for

exportation), in the United States imported covered products except under

license of the trademark owner;

(C) advertise imported covered products except under license of the

trademark owner;

3

(D) solicit U.S. agents or distributors for imported covered products

except under license of the trademark owner; or

(E) aid or abet other entities in the importation, sale for importation, sale

after importation, transfer, or distribution of covered products in the

United States except under license of the trademark owner.

IV.

(Conduct Permitted)

Notwithstanding any other provision of this Order, specific conduct

otherwise prohibited by the terms of this Order shall be permitted if, in a written

instrument, the owner of U.S. Trademark Registration Nos. 1,254,339; 1,502,103;

and 1,503,576, licenses or authorizes such specific conduct, or such specific

conduct is related to the importation or sale of covered products by or for the

United States.

V.

(Reporting)

For purposes of this reporting requirement, the reporting periods shall

commence on January 1 of each year and shall end on the subsequent December

3 1. However, the first report required under this section shall cover the period

from the date of issuance of this Order through December 31,2004. This

reporting requirement shall continue in force until such time as Respondent will

4

have truthfully reported, in two consecutive timely filed reports, that it has no

inventory of covered products in the United States.

Within thirty (30) days of the last day of the reporting period, Respondent

shall report to the Commission the quantity in units and the value in dollars of

covered products that the Respondent has imported or sold in the United States

after importation during the reporting period and the quantity in units and value in

dollars of reported covered products that remain in inventory in the United States

at the end of the reporting period.

Any failure to make the required report or the filing of any false or

inaccurate report shall constitute a violation of this Order, and the submission of a

false or inaccurate report may be referred to the U.S. Department of Justice as a

possible criminal violation of 18 U.S.C. 0 1001.

VI.

(Record Keeping and Inspection)

(A) For the purpose of securing compliance with this Order, Respondent

shall retain any and all records relating to the sale, offer for sale, marketing, or

distribution in the United States of covered products, made and received in the

usual and ordinary course of business, whether in detail or in summary form, 'for a

period of two (2) years from the close of the fiscal year to which they pertain.

(B) For the purposes of determining or securing compliance with this

Order and for no other purpose, and subject to any privilege recognized by the

5

federal courts of the United States, duly authorized representatives of the

Commission, upon reasonable written notice by the Commission or its staff, shall

be permitted access and the right to inspect and copy in Respondent’s principal

office during office hours, and in the presence of counsel or other representatives

if Respondent so chooses, all books, ledgers, accounts, correspondence,

memoranda, and other records and documents, both in detail and in summary

form as are required to be retained by subparagraph W(A) of this Order.

VII.

(Service of Cease and Desist Order)

Respondent is ordered and directed to:

(A) Serve, within fifteen (15) days after the effective date of this Order, a

copy of this Order upon each of its respective officers, directors, managing agents,

agents, and employees who have any responsibility for the importation, marketing,

distribution, or sale of imported covered products in the United States;

(B) Serve, within fifteen (15) days after the succession of any persons

referred to in subparagraph VTI (A) of this Order, a copy of the Order upon each

successor; and

(C) Maintain such records as will show the name, title, and address of each

person upon whom the Order has been served, as described in subparagraphs

W(A) and W(B) of this Order, together with the date on which service was

ma&.

6

The obligations set forth in subparagraphs VII(B) and VII(C) shall remain

in effect until such date on which the trademarks described in Section I(H) herein

are abandoned, canceled, or rendered invalid or unenforceable.

VIII.

(Confidentiality)

Any request for confidential treatment of infomation obtained by the

Commission pursuant to Sections V and VI of the Order should be in accordance

with section 201.6 of the Commission Rules of Practice and Procedure, 19 C.F.R.

0 201.6. For all reports for which confidential treatment is sought, Respondent

must provide a public version of such report with confidential information

redacted.

IX.

(Enforcement)

Violation of this Order may result in any of the actions specified in section

210.75 of the Commission's Rules of Practice and Procedure, 19 C.F.R. 0 210.75,

including an action for civil penalties in accordance with section 337(f) of the

Tariff Act of 1930, 19 U.S.C. 5 1337(f), and any other action as the Cornmission

may deem appropriate. In determining whether Respondent is in violation of this

Order, the Commission may infer facts adverse to Respondent if Respondent fails

to provide adequate or timely information.

7

X.

(Modification)

The Commission may amend this Order on its own motion or in

accordance with the procedure described in section 210.76 of the Commission's

Rules of Practice and Procedure, 19 C.F.R. 0 210.76.

XI.

(Bonding)

The conduct prohibited by Section III of this Order may be continued

during the sixty (60) day period in which this Order is under review by the

President pursuant to section 337(i) of the Tariff Act of 1930,19 U.S.C. 0 1337(i),

subject to Respondent posting a bond in the amount of ninety (90) percent of the

entered value of the covered products. This bond provision does not apply to

conduct that is otherwise permitted by Section IV of this Order. Covered products

imported on or after the date of issuance of this order are subject to the entry bond

as set forth in the limited exclusion order issued by the Commission, and are not

subject to this bond provision.

The bond is to be posted in accordance with the procedures established by

the Commission for the posting of bonds by complainants in connection with the

issuance of temporary exclusion orders. See Commission Rule 210.68, 19 C.F.R.

0 210.68. The bond and any accompanying documentation is to be provided to

8

and approved by the Commission prior to the commencement of conduct which is

otherwise prohibited by Section 111 of this Order.

The bond is to be forfeited in the event that the President approves, or does

not disapprove within the Presidential review period, this Order, unless the U.S.

Court of Appeals for the Federal Circuit, in a final judgment, reverses any

Commission final determination and order as to Respondent on appeal, or unless

Respondent exports the products subject to this bond or destroys them and

provides certification to that effect satisfactory to the Commission.

The bond is to be released in the event the President disapproves this

Order and no subsequent order is issued by the Commission and approved, or not

disapproved, by the President, upon service on Respondent of an order issued by

the Commission based upon application therefore made by Respondent to the

Commission.


9

. .

. . . I

. .

Int. as.: 7 and 12

Prior U.S. CIS.: 19 and 23 Reg. No. 1,254,339

United States Patent and Trademark Office Registered Oct 18,1983


i . . ! . .

. . . * . - - . . .

. .

. . . .

. . . .

. .

Deem & Company @tlawarc corporation)

Molinc, IIL 61265 John Dem Rd-

For: AGRICULTURAL AND LAWN CARE MAcHJNES-NAMELY, BALERS,

FORAOE HARVESTERS, SEEDERS, COM-

TON HAR-RS. HAY STACKING MACHINES AND LAWN 'MOWERS. in CLASS 7

WINDROWERS. MOWER-CONDITIONERS.

BINES, SPRAYERS BEET HARVESTERS, COT-

(U.S. Cl. 23). Fvri UK 1968; in commenk 1968. FOE TRACTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 (U.S. a. 19).

Ern use 1956; in commerce 1956. The drawing k lined for the colors green urd

The mark consists of a horizontal yellow s ~ p on

The configuration of a machine hood u shown by a green machine hood or pmel.

dotted lina m the drawing and docs not form a put of the mark.

Sec. 2(f).

ellow.

Ser. No. 357.21 I,-Filed Me. 29, 1982. .

JEFFERSON FRIDAY, Exarmnrn ' ' g Atiorney

c

- .

. .

Int. d l 2

Prior US. C k 19 - _ ~ _ _ Res, NO. 1,502,103.

United States Patent and Trademark Office R- A~ 30.19~

TRADEMARK ‘

PRINCIPALREGISTER

e-.

. .

DEERE&COMPANY@ELAwARECORPOU- “JOHN bEEXE”,OREEN. AND A BRlQm . now- YELLOW COLOR, AND CLAIM IS MADE FOR JOHN D- ROAD SUCH COLORS. MOLINE, IL 61265 THE MARK CONSISTS OF A GREEN m-

CLE BODY OR FRAME wITI(: Y u u l w FORAGRICUL’IWWLTRACTORS. LAWN. WHEELS. THE CONFIGURATloh. OF A

GARDEN TRACTORS, TRAILERS, GRAIN.CART IS SHOWN IN DO’ITED WAOONS, AND CARTS, IN CLASS 12 (US. CL IN ME OWWINGS FOR I L L U m m 19). PURPOSES ONLY AND “r FORM A

USE 12-3i-1918; IN COMMERCE P A R T O F ~ M ~ ‘12-31-1918. SEC 2 0 .

OWNER OF US. REG. NOS. 1,254,339 AND

DRAWING IS UNEb FOR A BRIGHT 1,296,441.

G E E N COLOR S(SMFI?MES KNOWN AS DAVIDH.STXNE,EXAMINI”GATTORNEY .

SER. NO. 574,308, FILED 12-19-1985.

. .

. .

. . . .

. .

. .

. . . .

. .

. .

. . . .

. . . . . . . .

” .

. .

. .

Prior US. CI.: 23 - _ - -

Reg. No. 1,503,576 United States Patent and Trademark Office R- s ~ l . 13,

. . . . . . , TRADEMARK . .

.' . .. PRINCIPALREGISTER .'

, .

. .. . . . . . .

. . . . . , . . . . .

.. ' . .

. . ' , . .'

. .

. . .


In the Matter of


Inv. No. 337-TA-487

ORDER TO CEASE AND DESIST

lT IS HEREBY ORDERED THAT Pacific Avenue Equipment, 1015

Pacific Avenue, Yakima, WA 98901, cease and desist from conducting any of the

following activities in the United States: importing, selling, advertising,

distributing, marketing, consigning, transferring (except for exportation), offering

for sale or soliciting U.S. agents or distributors for certain agricultural vehicles, as



I.

Pefinitions)



Commission.


Moline, Illinois 61250,’ complainant in this investigation, and its successors and

assigns.

(C) “Respondent” shall mean Pacific Avenue Equipment, 1015 Pacific

Avenue, Yakima, WA 98901.

(D) “Person” shall mean an individual, or any non-governmental



or assigns.

0 “United States” shall mean the fifty States, the District of Columbia,

and Puerto Rico.




United States.

(H) The term “covered product” shall mean agricultural tractors that are






2

11.

(Applicability)





to each of them, insofar as they are engaging in conduct prohibited by Section IU,

in.u, for, with, or otherwise on behalf of Respondent.

111.



by the Order. Until such date on which the trademarks identified in Section I(H)


shall not:






(C) advertise imported covercd products except under license of the

trademark owner;

3






Iv. (Conduct Permitted)






United States.

V.

(Reporting)



31. However, the first report required under this section shall cover the period



4













VI.





usual and ordinary come of business, whether in detail or in summary form, for a


(E) For the purposes of determining or securing compliance with this


5







form as are required to be retained by subparagraph VI(A) of this Order.

VII.








referred to in subparagraph VII (A) of this Order, a copy of the Order upon each

successor; and



W(A) and VII(B) of this Order, together with the date on which service was

made.

6




VIII.

(Confidentiality)

Any request for confidential treatment of information obtained by the





redacted.

IX.

(Enforcement)



including an action for civil penalties in accordance with section 3370 of the

Tariff Act of 1930,19 U.S.C. 0 13370, and any other action as the Commission




7

X.

(Modification)




XI.

(Bonding)

The conduct prohibited by Section ILI of this Order may be continued


President pursuant to section 337(j) of the Tariff Act of 1930,19 U.S.C. 5 1337(j),











8


otherwise prohibited by Section III of this Order.











Commission.


Marilyn R. Abbott Secretary

Issued: May 14, 2004

9

a

e

ht. a.: 7 and 12

Prior U.S. C~S.: 19 and 23

United States Patent and Trademark Office Reg. No. 1,254,339

0 Registered Oct 18,1983


First use 1956; in commerce 1956. D- 6 Company (Delaware corporatian).

BALERS, wrmROWERS. MOWER-CONDITIONERS,

(US. Q. 23). F i t UIC 196& in commerce 1968. For: TRACTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 a.s. CI. 19).

. .

The drawing is lined for the colors g r e ~ md

1 The mark consists of a horizontal yellow stripe on a green machine hood or panel.

Tbc configuration of I machine hood is & o m by dotted lines m the drawing urd doa not form I pm of the mrrk.

ellow.

sa. 2 0 .

JEFFERSON FXIDAY. Examining Attorney

- . Int. a*:- l2 Prior US. CI.: 19 . .

Reg. No. 1,502,103 United States Patent and Trademark Office ~eglstrrrd A- a; -- . PRINCIPALREGISTER . .

. .

19).

12-31-1918. OWNER OF US. REG. NOS. 1,254,339 AND

1.2%,412. THE DRAWING IS LINED FOR A BRIGHT

GREEN COLOR, S0MmME.S KNOWN AS

FIRST USE 12&1918; IN COMMERCE

"JOHN DEERE" GREEN. AND .?r BRIOKT YELLOW COLOR, AND CLAIM IS MADE FOR SUCH COLORS.

CLE B0D.Y OR FRAME WITH YELLOW WHEELS. THE CONFIGURATlON OF A

ME MARK CONSISTS OF A GREEN VEHI-

GRAIN.CART IS SHOWN IN DO- 6e IN THE DRAWINGS FOR I L L U ~ ~ PURPOSES ONLY AND DOES NOT mm A PART OF THE MARK.

SEC 2 0 . : . .

-.NO. 574.308, FILED 12-1911985. ' ' '

DAVID H. STINE, EXAMINING ATTORNEY . . . . . . .

, .

. .

. . . . .

. .

. .

. .

. .

. . . -

Int. a: 7 . .

Prior U S CI.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Rtgbted s,, U,


. .

. . . .

.. .

. .

. . i i .

: . .

FIRST USE 12-31-1905; IN COMMERCE 12-11-1905.

OWNER OF U.S. REG. NOS. 1,254,339 AND 3396,442. THE DRAWPI0 IS LINED FOR A BRIQH"

GREEN COW% AND A BRIGHT YELLOW 'COLOR, AND CUIM IS MME FOR SUa COLORS.

SEc'2(Q

SkR. NO. S74,301, FILED 12-19-191S.

DAYIDH.STINE ,EXAMMINOA~~ . .

. . . . . .. .'

. .

.' .

. .


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT Task Master Equipment LLCflractors

Etc., 83969 N. Pacific Highway 99, Creswell, OR 97426, cease and desist from

conducting any of the following activities in the United States: importing, selling,

advertising, distributing, marketing, consigning, transferring (except for

exportation), offering for sale or soliciting U.S. agents or distributors for certain

agricultural vehicles, as described below, in violation of Section 337 of the Tariff

Act of 1930, as amended, 19 U.S.C. 0 1337, except as provided in Section lV.

I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean Task Master Equipment LLCRractors Etc.,

83969 N. Pacific Highway 99, Creswell, OR 97426.




or assigns.


and Puerto Rico.




United States.







2

11.

(Applicability)





to each of them, insofar as they are engaging in conduct prohibited by Section ID,


111.





shall not:







trademark owner;

3






IV.

(Conduct Permitted)






United States.

V.

(Reporting)

For purposes of this reporting requirement, L e reporting periods shall





4













VI.





usual and ordinary course of business, whether in detail or in summary form, for a




5








VII.









successor; and



VII(A) and VII(B) of this Order, together with the date on which service was

made.

6

The obligations set forth in subparagraphs VII(B) and Vn(C) shall remain



VIII.

(Confidentiality)






redacted.

IX.

(Enforcement)




Tariff Act of 1930,19 U.S.C. 0 1337(f), and any other action as the Commission




7

X.

(Modification)




XI.

(Bonding)

The conduct prohibited by Section IU of this Order may be continued


President pursuant to section 337(j) of the Tariff Act of 1930,19 U.S.C. fi 1337(j),









issuance of temporary exclusion orders. See Commission Rule 210.68,19 C.F.R.


8













Commission.

Secretary

Issued: May 16, 7n-

9

. . . .

h& Cis.: 7 and 12

Reg. No. 1,254,339 0 Prior US. CIS.: 19 a d 23

United States Patent and Trademark Office Registered On 18,1983

. . TRADE MAR^ .

. .

Principal Register

. . . . . . . . . . . . - . . . , .

. . '

. .

. .

. . . .

. .

DHIT. t Compury @drware corporation)

Moline, Ill. 61265

For: AGRICULTURAL AND LAWN CARE, MACHINES-NAMELY, BALERS. WINDROWERS, MOWER-CONDITIONERS, FORAOE HARVEST=. SEEDERS, COM- BINES. SPRAYERS. BEET HARVESTERS, COT- TON HAR-S. '. HAY STACKTNO MACHINES AND LAWN MOWERS. in CLASS 7 (US. CI. 23).

FOE TRAOORS AND POWER-OPERATED CAR'IJ FOR CARRYING GRAIN. in CLASS I2

John Deu~ Rd-

use 1961; in commerce 1968.

(us. Q. 19).

First u x 1956; in commerce 1956 The drawing is lined for the colon grcar md

The mark consists of a horizontal yellow stripc 011

a green machine hood or pael. The configuration of a machine hood is shown by

dotted lines m the drawing and does not form 8 put of the mrrk.

ellow. I

= 2(0.

Ser. No. 357,21I,.filed w. 29, 1982. .

JEFFERSON FRIDAY, Examiniie Ammy

J b

0

a

. . . .

Prior US. CR.: 19 Reg, NO* 1$02,103

United States Patent and Trademark Office R- A* 1; 1 9 ~

TRADEMARK ',

PRINCIPALREGISIPR

. . . . . . . . . .

. I . . . . . . . . . . . .

. . . . . . , . . . .

. . . . . .

. . . .

. . . .

. . . . . .

. .

. . . .

. . . .

TOR: A ~ W m L m U L TJU-RS, LAWN. .GARDEN TRACTORS, 'TRAILERS,

WAOONS, AND CARm, IN CLASS 12 (US. CL

USE 12-31-191E; 'IN COMMERCE

0- OF US. REG. NOS.' 1,254.339 AND 1,296,442.

GREEN COLOR S m M E S KNOWN AS

19).

'12-31-1 91 E.

nrr: DRAWING IS LINED FOR A BRIGHT

"JOHN DEERE" GREEN. AND A BRIOKT YELLOW cOI.Od AND CLAIM IS MADE FOR SUCH COLORS.

CLE BODY OR FRAME W I l X YELLOW WHEELS. THE CONFIGURATION OF A GRAIN CART IS SHOWN'IN DOTIED LINES IN 733k DRAWINGS FOR IUUsrzuTNE PURPOSES ONLY AND DOES PWI' mw A PART OF THE MARK.

THE MARK CONSISTS OF A GREEN VEHI-

SEC 2 0 .

SER NO, m,3oa. FIW I~-I+IPIIS.

DAVID H. SffNE, EXAM-G . . , .

. . . . . . . . . . .

. . . . .

. . I . .

, . . . . . . .

e . .

Prior US. Cl.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office R- SS. 13,


. .


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT China America Imports, 33898 Adler

Lane, Creswell, OR 97426, cease and desist from conducting any of the following

activities in the United States: importing, selling, advertising, distributing,

marketing, consigning, transferring (except for exportation), offering for sale or

soliciting U.S. agents or distributors for certain agricultural vehicles, as described

below, in violation of Section 337 of the Tariff Act of 1930, as amended, 19

U.S.C. 0 1337, except as provided in Section IV.

I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean China America Imports, 33898 Adler Lane,

Creswell, OR 97426.




or assigns.


and Puerto Rico.




United States.




Reg. No.1,254,339; U.S. Reg. No. 1,502,103; 0rU.S. Reg. No. 1,503,576, and

that are not imported by, under license from, or with the pemission of the


2

11.

(Applicability)







111.





shall not:







trademark owner;

3

@) solicit U.S. agents or distributors for imported covered products





IV.

(Conduct Permitted)






United States.

V.

(Reporting)






4













VI.






period of two (2) years from the close of the fiscal year to which they pertain,



5







form as are required to be retained by subparagraph M(A) of this Order.

VII.







(B) Serve, within fiftan (15) days after the succession of any persons


successor; and




made.

6




VIII.

(Confidentiality)






redacted.

Ix. (Enforcement)







to provide adequate or timely infomation.

7

X.

(Modification)


accordance with the procedure described in section 210.76 of the Commission’s

Rules of Practice and Procedure, 19 C.F.R. $210.76.

XI.

(Bonding)



President pursuant to section 337u) of the Tariff Act of 1930, 19 U.S.C. 0 1337(j),











8


otherwise prohibited by Section I l l of this Order.











Commission.


9

0

. .

. . . I

a . .

. .

. . . .

. .

Int. Cls.: 7 and 12


United States Patent and Trademark Office fie&tered oet i8,wa


. .

D- & c o m p l n ~ @elaware corporation) John acre Rd. Moljne, 111. 61265

First use 1956; in c o m m a 1956. The drawing is lined for the colors gr- a d

yellow. . FOR AGRICULTURAL AND CARE MACEINES-NAMELY. BALERS, WJNDROWERS, MOWER-CONDITIONERS, FORAOE HARVEST-, SEEDERS. COM- BINES, SPRAYERS BEET HARVESTERS, COT- TON HfiVESTERs,' HAY STACKIN0 MACHINES AND LAWN'hJOWERS. in CLASS 7 (U.5. CL 23).

F i i 19611; in commerce 1968. For: TRACTORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 (U.S. a. 19).

1 The mark consists of a horizontal yellow mipe on a green machine hood or p a d .

The configuration of a machine hood is shown by dotted lines in the drawing and docs not form a put of the mark.

SK. 2 0 .

Scr. No. 357,211,.frled 29, 3982. .

JEFFERSON FRIDAY, Examuun ' g Attow

- . Int. a.:n , . .

Prior US. Ci.: 19 Reg, No. 1,502,103 e United States Patent and Trademark Office ~egirtcrea A- q 1988

. .

. . .

. .

- E M A R K . PRINCIPAL REGISTER

. .. .

LZJ. mST USE 12-31-1918; IN COMMERCE

OWNER OF U.S. REG. NOS.’ 1 m , U 9 AND ‘12-31-191 8-

1,296,442 THE DRAWING Is LINED FOR A BRIGm

GREEN COLOR S-hfES KNOWN AS

. . . ,

. .

THE MARK CONSISTS OF A GREEN m. CLE BODY OR FRAME WITH YEUOW WHJXLS. THE CONFIGURATION OF A GRAIN.CART IS SHOWN IN DOTTED UNES IN THE DWWINGS FOR I U U S T l U m PURPOSES ONLY AND NOT F O F A PART OF THE MARK.

SEC. 2 0 .

SER. NO. 574.305 FILED 12-19-1985. .

DAVID H. SITNE, EXAMINING A T M m

. . . . . .

. .

. ’ . . :. , . . . . . .

. . . . . .

. ’ . .

. . . .

InL Cl.: 7

Prior U.S. c1.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office R- SC). 1%


. . . .

.' .

. . , ...

FIRST USE 12-31-1m LN COMMERCE 12-31-190S.

OWNER dF U.S. REG. NOS. 1JS4.339 AND 13WZ

lXE DSUWING IS LINED FOR A BRIGHT GREEN COLOR, AND A BRIGHT YELLOW COLOR, AND CLAIM IS MADE FOR SVcK CQLOrts

s= 10- S k R NO. 574,301, FILED 124S198S.

DAVID H. STlNE,EXAMXNINGA~RNEy

. . . .

. :

e


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT L e n a Equipment, LLC, 3261

Northeast Alexander Lane, Albany, OR 97321, cease and desist from conducting

any of the following activities in the United States: importing, selling,

advertising, distributing, marketing, consigning, transferring (except for

exportation), offering for sale or soliciting U.S. agents or distributors for certain

agricultural vehicles, as described below, in violation of Section 337 of the Tariff

Act of 1930, as amended, 19 U.S.C. 6 1337, except as provided in Section lV.

I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean Lenar Equipment, LLC, 3261 Northeast

Alexander Lane, Albany, OR 97321.




or assigns.


and Puerto Rico.




United States.







2

11.

(Applicability)






infra, for, with, or otherwise on behalf of Respondeqt.

111.





shall not:







trademark owner;

3






IV.

(Conduct Permitted)






United States.

V.

(Reporting)


. commence on January 1 of each year and shall end on the subsequent December




4













VI.









5








VII.









successor; and




made.

6

The obligations set forth in subparagraphs VII(B) and W(C) shall remain



VIII.

(Confidentiality)






redacted.

IX.

(Enforcement)






Order, the Commission may infer facts adverse to Respondent i f Respondent fails


7

X.

(Modification)




XI.

(Bonding)














8













Commission.



9

. . . .

ht. Cls.: 7 and 12

prior U.S. Cls.: 19 and 23


0 ReMered Oct 18,1983


. . . ' . . . . . . '. ' . . . .

. . . .

. . . . . .

. . . . . .

. . . .

. .

(u.5. a. a). F i use 1968; h commerce 1968. For: TRACTORS AND POWER-OPERATED ,

W T S FOR CARRYING GRAIN, in CLASS 12 (us. a. 19).

. .

F i ~ t use 1956; in commcrcc 1956. ,

The drawing is lhcd for the colon &d

The mark consists of 8 hohzontll y&w strip' on

The digiuration of a d b e hood is show by

ellow.

grcm machine hood orpod. ' ' ' . .

I dotted lines m the drawing and doa' ,mt.€onzr a of the mmrk. . . .

. . .seG 2(1). . .

Scr. No. 357,211,fded M,?. 29, 1982 .

. . JEFFERSON FRIDAY. Exunuun g Attorney

. .

. -

FOR: AGRICULTWUL ~~~, GARDEN TRACTORS, ‘7RALERS,

WAOONS. AND CARTS, IN U S 12 (US. CL

~ R S T USE 12-31-191C; IN COMMERCE


DRAWING IS LINED FOR A BRIOHT . GREEN COLOR, WMmhaEs KNOWN AS

19).

12-31-1918.

1296.442 ‘

. .

“JOHN DEERE” GREEN. AND A BmOM YELLOW COW% AND CLAIM IS MADE FOR SUCH COLORS.

CLE BODY OR FRAME Wmr YELLOW WHEELS. THE CONFIGURATION OF A GRAIN CART IS SHOWN IN DO- LINES IN =E DRAWINOS FOR ILLUSTRATIVE PURPOSES ONLY AND DOES FORM A PART OF ?XE MARK.

THE MARK CONSISTS OF A GREEN VEHI-

SEC 2 0 .

SER NO. 574.3011. FILED 12-19-1081

DAVID H. STINE, -G A m =

. .

. .

. .

. . . .

I . . . . r .

. . . .

. . . . . . . . .

. .

. .

Int.cl27

Prior US. CIS 23 Reg. No. 1,503,576 United States Patent and Trademark Office Rcgistcd scg. 13,

TRADIMARK PRINCIPAL REGISTER

. . i .

FIRST USE 12-31-1m IN COMMERa 12-31-190s.

OWNER OF US. REO. NOS. 134.339 AND 1396MZ THE DRAWING IS LINED FOR A BRSOKT

GREEN COLOR AND A BRIGHT YELLOW 'COLOR, AND CLAM IS MADE FOR SUOI. CxILoRS.

s= 20. SkR. NO. 574.301, FILED 32-19-198S.

DAWDH.~EXAMI"OATIDRNEY

. .

. .


~

In the Matter of


Inv. No. 337-TA-487


lT IS HEREBY ORDERED THAT Davey-Joans Tractor & Chopper

Supermarket, 980 SR 13, Box 647, Williamstown, NY 13493, cease and desist

from conducting any of the following activities in the United States: importing,

selling, advertising, distributing, marketing, consigning, transferring (except for

exportation), offering for sale or soliciting U S . agents or distributors for certain

agricultural vehicles thereof, as described below, in violation of Section 337 of the

Tariff Act of 1930, as amended, 19 U.S.C. 3 1337, except as provided in Section

Iv.

I.

(Definitions)



Commission.

(€3) “Deere” shall mean Deere & Company, One John Deere Place,

Moline, Illinois 61250, complainant in this investigation, and its SuccessorS and

assigns.

(C) “Respondent” shall mean Davey-Joans Tractor & Chopper

Supermarket, 980 SR 13, Box 647, Williamstown, NY 13493.

@) ?Person” shall mean an individual, or any non-governmental


than Respondent or its majority owned or controlled subsidiaries, their successom,

or assigns.


and Puerto Rico.




United States.

(H) The term “covered product” shall mean self-propelled forage

harvesters manufactured by or under the authority of Deere (5000 and 6000 series)

for sale and use in Europe which (a) bear one or more of the following federally-

registered U.S. trademarks: U.S. Reg. No.1,254,339; U.S. Reg. No. 1,502,103;

U.S. Reg. No. 1,503,576; U.S. Reg. No. 91,860; or U.S. Reg. No. 2,729,766, (b)

are materially different from self-propelled forage harvesters manufactured by or

2

under the authority of Deere for sale and use in the United States, and (c) are not

imported by, under license from, or with the permission of the trademark owner,

or as provided by law.

11.

(Applicability)




otherwise) andor majority owned business entities, successors, and assigns, and



111.



by the Order. Until such date on which the trademarks identified in Section I(")


shall not:



3





trademark owner;






IV.

(Conduct Permitted)




1,503,576; 91,860; and 2,729,766, licenses or authorizes such specific conduct, or

such specific conduct is related to the importation or sale of covered products by

or for the United States.

4

V.

(Reporting)




from the date of issuance of this Order through December 3 1,2004. This














5

VI.
















VII.





6





successor; and




made.




VIII.

(Confidentiality)






redacted.

7

IX.

(Enforcement)








X.

(Modification)




XI.

(Bonding)



President pursuant to section 3370) of the Tariff Act of 1930,19 U.S.C. 0 1337(j),



8



as set forth in the general exclusion order issued by the Commission, and are not


















Commission.

9


Secretary

Issued May 14, 2004

10

ht, Cls.: 7 and 12

Prior U.S. as.: 19 and 23 Reg. No. 1,254,339 United States Patent and Trademark Office Redder4 OCL 18, im


. .

c en & Company (Delaware corporation)

Molhc, N. 61265

First use 1956; in c o m m a 1956. The drawing is lined for the colors gr- a d John Dew Rd-

uellow. For: A G R I a m AND LAWN CARE

MACHINES-NAMELY, BALERS, WINDROWER% MO~ER-CONDITIONERS, FORAOE HARVESTERS, SEmERS. COM- BINES, SPRAYERS, BEET HARVESTERS, COT-

~ ~ ~ J I I N E S AND LAWN MOWERS, in CLASS 7 N.S. CI. 23).

TON HARVESTERS, .. HAY STACKING

1 The mark consisu of 8 h0ri-t.l yellow strip on a green machine hood or panel.

The configuration of P machine hood is z h o ~ by dotted liner in the drawing and does not form a ma of the m r k .

sec 2(Q. . Fm US 1968; in commerce 1968. For: TRAmORS AND POWER-OPERATED

CARTS FOR CARRYING GRAIN, in CLASS 12 Sa. No. 35731 I,.filed Mu. 29, 1982 .

(U.S. Q. 19). JEFFERSON FRIDAY, Examining Attomy

. . .

. . . . . .

. .

. .

prior US. Cl.: 19 Reg. No. 1,502,103

United States Patent and Trademark Office ~ e g i r t d 30,

TRADEMARK PRINcIPJ4LRM;IsrER

. - .

. .

DEERE & COMPANY @EUwARE CORPORA- "JOHN DEERE" GREEN. AND A BRIGm . now YELLOW -LO& AND CLAIM IS MADE FOR JOHN D m ROAD SUCH COLORS. MOLINE. IL 61265 THE MARK CONSISTS OF A GREEN m.

CLE BODY OR FRAME YEUOW

AND GARDEN ~ C T O R S , TRAILERS, GRAIN.CART IS SHOWN IN DO- WAOONS, AND CARTS. IN CLASS 12 (US. CL. IN THE DRAWINGS FOR I L L U a m 19). PURPOSES ONLY AND DOES NOT' FORM A

FOR:AGRIC~LTUULTRACTORS.LAWN WHEELS. THE CONF~GURATTON OF A

USE 12-31-1918; I N COMMERCE PaTOF17IEMARK. 12-31-19] 8. SEC 20.

OWNER OF US. REG. NOS. 1,254,339 AND 1.296#2 SER. NO. 574,308, FILED 12-19-1985.

DRAWING IS LINED FOR A BRIGHl GREEN COLOR, SlaMEnMES KNOWN AS DAVIDH.STINE,U[AMIMNGAllORNEY

. .

. .

. .

. . _ . .

. .

I . .

Prior U S Q.: 23

United States Patent and Trademark Office Regbered 13, Reg. No. 1,503,576

. . TRADEMARK PRINCIPAL REGISTER

. . . .

L

JOHN noi

. .

. . . . . .

. .

FIRST USE 12-31-1W; IN COMhfERa lt-31-I#n.

OWNER OF U S kEC3. NOS. 1.2S4.339 AND lJ96442. lliE DRAWING IS LINED FOR A BRIOHT .

GREEN COLOR, AND A BRIG= YELLOW .COLOR, AND CUIM IS MADE FOR SUQL COUIRS. =?o. S%R. NO. S74.301, FILED 12-19-1915.

DAVXD H. STJNE, UUMJNINO AmRNEY

IO Year Remml

JOHN DEERE

. .

RENEWED

state of Illinois count of Rock Xsland ES. GIEORGE Mxrru,%eing duly mom, de-

poses nnd says that he is o vice-president of the corporrrbon named as D plicmt in the foregoing stotmentj thnt Re believes the foregoing stqtement IS tnic; that he believes &Tid corpornhon to be the owner of the mark sought to be re i sbred ; thnt no other erson, firm corpornhon or association, to t!c best of dis howled e. nnd belief, has tlie ri ht in the jdenti~nl fcrm or in any such near re- scmblan~ t h e 0 DS might be ~ ~ l ~ ~ l a t e d to

use said rnm f in the United States, e i & r

.L?NlTICD STATES PA.TEXL' OFFICE.

tribes, and pnrticulnrly pith Canado; thnt the descripbon and dram represent the mark soiigh% be r e g i d &at the facsimilesshom the mark 3s actually used upon the goods, and thnt the mark has b w i in nctusl use.ns 3 trade-mark of the a plicont .md ap hcnnt's predecessors from &om title was &rived, for ten years next preceding February ZO, 1905, and that to the best of his honldge and belief, mch use has been exclusive.

presented trul

GEORGE W. M IXTER

DEE= & Corn-, OF HOLIWE, TtLIXOIS.

JOHN DEE-

. .

. . ' . . , . . .

. . . . . . .

. . . . . .

&+renewed June 3,. 1953, to Deem & Company, of Moline, I l l inois , a corporation of Illinois.

( . . . . . ..

. .

. . .. , .

. .

.. . . . . . . . .

. . . . .. .

. . . .

. . '. . . . . . . .. .. . .

. ' .

.. . . .

. .

. .

,. . . . . . . . . . . . , .

. . . .

. . . ..

. *

I n t CI.: 7

Prior US. a: 13,19,21,U, 31,34, and 35


RgidCred J~ 24,2003

TRADEMARK PRINUF‘AL REGISTER

. .

. . .

. .

DEERE & COMPANY (DELAWARE CORPORA-

ONE JOHN D E E R E PLACE . TION) ’

MOLINE, I L 61265

FOR AGRICULTURAL MACHINES. NAMELY, PLOWS, CULTIVATORS. HARROWS. REAPERS. GRAIN HARV-RS HAY RAKES, STACKERS.

POTATO. SEED P U N T E R S POWER BROADCAST SEEDERS. G R A I N DRILLS. POTATO DIGGERS.

mRS. SPRAYING MACHINES STALK CWTERS. SURFACE G R A D m S . CORN HARVESTWIS AND HUSKERS. CORN SHELLERS. FEED GRINDERS. ENSILAGE CWORS. FEED CU’ITBRS. LAWN MOWERS AND REEL MOWGR VWICI,ES. CLOD CRUSHERSSOILPULVERIZERS. LAND ROLLERS, SPRAYING A N D FARM PUMPS. COMBINES: URTH-MOVING MACHINES. NAMELY, LOG-

UNLOADEM, FORKS m w e R CORN. OOI-RIN.

MANURE SPREADERS FERTILIZER DI!jTRIBU-

GING. LANDSHAPING AND LAND-CLEARING MACHINES. UlADERS. SKID S k E R LOADERS.

TOR$ SCRAPERRQ WOOD SAWING IylACWINIS;

CHINE FOR SPRAYING WATER. D I Z E R G E M S AND OTHER LIQUlnS, SNOW RLOWERS AND SNOW THROWERS: CHAIN S A W S POSTHOLE DIGGERS AND GASOLINE AND DIEEL I M T R - NAL COMBUSTION ENGINES FOR TIE AFORE-

LOADER BACKHOE. B~JLLUOZERS. EXCAVA.

HIGH PRESSURE SPRAY-TYPE WASHING MA-

MENTIONED MACHINES, IN CLASS 7 (US. CIS. If. l9,21.23.31.34 AND 35).

. FIRST USE I I-I-=. IN COMMERCE II-I-2wo. /

SN 7649&, k I L W 7-19-2oop. . .

MARC LEIPZIG. EXAMINING A T M R N W

. .

. .


-~ ~

In the Matter of


. Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT Bourdeau Bros., 590 Mason Road,

Champlain, NY 12919-4855, cease and desist from conducting any of the



for sale or soliciting U.S. agents or distributors for certain agricultural vehicles

thereof, as described below, in violation of Section 337 of the Tariff Act of 1930,

as amended, 19 U.S.C. 5 1337, except as provided in Section IV.

I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean Bourdeau Bros., 590 Mason Road,

Champlain, NY 129194355.




or assigns.

0 “United States” shall mean the fifty States, the District of Columbia,

and Puerto Rico.




United States.







2




11.

(Applicability)







111.



by the Order. Until such date on which the trademarks identified in Section 1 0


shall not:



3





trademark owner;

(D) solicit US. agents or distributors for imported covered products





IV.

(Conduct Permitted)







4

V.

(Reporting)


















5

VI.
















VII.





6




referred to in subparagraph Vn (A) of this Order, a copy of the Order upon each

successor; and




made.




VIII.

(Confidentiality)






redacted.

7

IX.

(Enforcement)






Order, the Commission may infer facts adverse to Respondent i f Respondent fails


X.

(Modification)




XI.

(Bonding)



President pursuant to section 337(j) of the Tariff Act of 1930,19 U.S.C. 0 1337(i),

subject to Respondent posting a b n d in the mount of ninety (90) percent of the


8










otherwise prohibited by Section ID of this Order.











Commission.

9


10

. .

. . . . . . . . . I

Lnt. CIS.: 7 and l2 0 Prior U.S. Cls.: 19 and 23

0

e

-

Reg. No. 1,2254,339 United States Patent and Trademark Office Registered On 18,1983


. . . . I

. . . . . - . . . . .

. . . . . .

. . . .

. . . . . .

. . . .

. em 8 Company @:laware corporation)

Moline, IL 61265

First use 1956; in commerce 1956. The drawing i s lined for the colon g r m and John Deerc Rd.

yellow.

BALERS. WINDRO-S. MOWER-CONDITIONERS. FORAGE HARVs’I%RS. SEEDERS, COM:

TON HARVESTERS. ‘. HAY STACKJM3 BINES, SPRAYERS BEET HARVESTERS. COT-

MACHINES AND LAWN MOWERS. in CLASS 7 cv.S. Q. 23).

CARTS FOR CARRYING OR”. in CLASS 12

Fit wc 1968: in commerke 1968. FOE TRACTORS AND POWER-OPERATED

(U.S. Q. 19).

2 The mark consis~s of a hodzontrl Y d h w mipe on a green machine hood or panel.

The configuration of a machine hood is show bl, dotted lines in the drawing and docs not form a pfi

of the mark. * 2(0.

Ser. Na 357,211,.filcd MU. 29, 1982 .

JEFFERSON FRIDAY. Examining Attorney

. . . . . . .

j

Int. cl.: 12

Prior US. Ci.: 19 Res, NO. 1,502,103.

United States Patent and Trademark Office RWJW A- 30,: 1988

, t .e--. I . _ .

. . . .

'12-31-191a. OWNER OF US. REG. NOS. 1351.339 AND

1,296,442. THE DRAWING IS LINED FOR A BRIGHI

GREEN COLOR, SpMETIMES KNOWN AS

"JOHN DEER€" GREEN, AND 4 BRIffm YELLOW COLOR' AND CLAIM Is MADE FOR SUCH COLORS. THE MARK CONSISTS OF A GREEN V&€II-

CLE BODY OR FRAME Y U M W WHEELS. "E CONFJGURATION OF A GRAIN.CART IS SHOWN IN DO- IN THE DRXWINOS FOR I U U m m PURPOSES ONLY AND NOT FORM A PART OF THE MARK. SEC. 2 0 .

SER. NO. 94.308, FILED lZ-lW985.

DAVID H. STINE. EXAMINING AfTClRNEY

. .

. .

. . . . . . . . . , . . .

. . . . . . . '. .

. .

a

Int. Q.: 7 ,

Prior U.S. CI.: 23 -

Reg. No. 1,503,576 United States Patent and Trademark Office Rcgjstwed 1%


. - . .

. . . .

. .

. .

. .

. . . .' . .. .

. .

FIRST USE 12-31-190% IN COMMERCB 12-31-1905.

OWNER OF U S REO. NOS. 1,254,339 AND 1296442 THE DRAWN0 IS LINED FOR A BUG"

GREEN COLOR. AND A BRIGHT YELLOW

. .

. .

.

RENEWED UNITED STATES PA.!I’ENT OFFICE.

. . i .

. . . . . . . . .

. .

. . . . . .

Re-renewed, June 3,. 1953, to Deere & Company, of Moline,. Il l inois , a corporation of I l l i n o i s .

. . . . . .

. .

. " .

. .

I -. . .

e . .

. .

. .

e' . .

Int CI.: 7

Prior US. cis.: 13,19,21,23,31,34, and 35


R * C ~ J I ~ 24, m3 .

"RADEMARK PRINCIPAL REGISTER

* .

DEERE 8 COMPANY (DELAWARE CORPORA- TION) '

ONE JOHN D E E R E PLACE MOLINE, I L 61265

WR AGRICULTURAL MACHINES. NAMELY. - riows. CULTIVATORS, HARROWS; REAPERS: GRAIN HARV-RS. HAY RAKES. STACKERS, UNIBADERS. I50RKS. POWER CORN. COTTON. 6OfATQ SEED PLANTERS. POWER BROADCASf SEEDERS. GRAIN DRILLS, POTATO DIGGERS. MANURE SPREADERS, FERTILIZER DISPRIBU; TORS. SPRAYING MACHINES S A L K CU'ITERS. SURFACE GRADERS. CORN HARVESTERS AND HUSKERS. CORN SHELLERS. FEED GRINDERS. ENSILAGE C U l T E R S . FEED CUITERS. IAWN MOWERS AND REEL MOWER VEHICLES, CLOD CRUSHERS.SOlL PULVERIZERS. LAND ROLLERS, SPRAYING AND FARM PUMPS, COMBINES; EARTH-MOVING MACHINES, NAMELY, LOG-

GING, LANDSHAPING AND LAND-CLEARlliKi MACHINES. U X D E R S . SKID S E E R LOADERS LOADER BACKHOE- RCJLLDOZERS. EXCAVA. - - - - - - -. - . . TORS SCRAPBRS:-W60D SAWING MACWINeS;

CHINE FOR SPRAYING WATER. DFITRGENlS HIGH PRESSURE SPRAY-TYPE WAS'HING MA-

AND OTHER LIQUIDS: SNOW RLOWBRS AND SNOW THROWERS: CHAIN SAWS; PO!STHOLE DIGGERS; AND GASOLINE AND DIESEL INlER- NAL COMDUSnON ENGINES FOR Tl.lE A F O R E MENTIONED MACHINES, INCLASS7(US.&II~. 19.21.23.31. M AND 35).

MARC LEIPZIG. EXAMINING A m R N E Y

. .

. .. . .

. . . . . .

. .


In the Matter of

CERTAIN AGRICULTURAL WHICLES AND COMPONENTS THEREOF

Inv. No. 337-TA-487

I


IT IS HEREBY ORDERED THAT Co-Ag LLC, 894 County Road,

Theresa, WI 53091, cease and desist from conducting any of the following



soliciting U.S. agents or distributors for certain agricultural vehicles thereof, as



I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean Co-Ag LLC, 894 County Road, Theresa, WI

53091.

@) “Person” shall mean an individual, or any non-governmental



or assigns.


and Puerto Rico.




United States.







2




II.

(Applicability)







III.



by the Order, Until such date on which the trademarks identified in Section I(H)


shall not:



3





trademark owner;






IV.

(Conduct Permitted)







4

V.

(Reporting)





reporting requirement shall continue in force until such time as Respondent wiII







dollars of reported' covered products that remain in inventory in the United States






5

VI.







(€3) For the purposes of determining or securing compliance with this









VII.





6





successor; and




made.


in effect until such date on which the trademarks described in Section I(€€) herein


VIII.

(Confidentiality)






redacted.

7

IX.

(Enforcement)




Tariff Act of 1930,19 U.S.C. § 1337(f), and any other action as the Commission




X.

(Modification)




XI.

(Bonding)

The conduct prohibited by Section Ill of this Order may be continued





8

conduct that is otherwise permitted by Section JY of this Order. Covered products




















Commission.

9


10

Ink as.: 7 and 12



. . . . . . - - . . . . .

, . . . _ . . . .

. . . .

. .

D= a COmpMY @damre corporation) First use 1956; in commerce 1956. John Deere Rd- The drawing ic lined for the Colors g r e n and Moline, 111. 61265

I The mark co&W of a horizontal yellow S ~ w on MACH~NES-NAMELY, wINDRowws' MoWER-CONDITIoNERS* The configuration of a machine hood t &, FOXAOE HARVESTERS, SEEDERS, COM- BINES, SPRAYERS. BEET HARVESTERS, COT- dotted lines m the drawing and doa not form 8 pn TON HARVESTERS.' HAY SIACKJNG ofhhemrrk.

ellow.

grcen machine hood or p.ML For: A G R I m m u AND LAWN CARE

MACHINES AND LAUrN'MOWEm, in CLASS 7 (u.5. a. 23).

~i 1968: in commerce 1968. For: m m O R S AND POWER-OPERATED

CARTS FOR CARRYING GRAIN. in CLASS 12 (us. CI. 19).

Ser 2(,.,.

Ser. No. 357,21 I,. filed Mar. 29, 1982 .

JEFFERSON FRIDAY. Examining A t t o w

. .

. . Int. ci.: 12

Prior US. CI.: 19 NOm 1502,103 United States Patent and Trademark Office ~egiacrca A-

. . . . . . e-.

'. ..

. . - . .

. . . . . , . . . .

. . . . .

. - . . . . . . . . . .

. .

. . . .

. .

. . . .

, .

. .

. . . . . .

. . . .

DEER€ & COMPANY @-WARE CORPORA- "JOHN DEERE" OREEN. AND A BRlQm . -TION). YELLOW COLOR, AND CLAIM 1s MADE FOR

JOHN DEERE ROAD SUCH coLoRs. MOLINE, IL61265 . THE MARK CONSISTS OF A GREEN m-

CLE BODY OR FRAME W n n YULow FOR: AGRICULWRAL TRACTORS, LAWN WHEELS. THE CONFIGURATION OF A

AND GARDEN TRACTORS, TRAILERS, GRAIN CART IS SHOWN IN DO- U r n WAGONS. AND CARTS. IN CLASS 12 (US. CL IN 7HE DUWINOS FOR ILLUsIRAf?vE 1% PURPOSES ONLY AND DOES NOT FORM A

USE 11-31-1918; IN COMMERCE PMTOFTHEMARK. '12-31-19] 8. = 10.


DRAWING IS LINED FOR A BRIGHT 1a96,w. SER. NO. 574,308. FILED 12-19-1985.

. GREEN COLOR SOMETIMES KNOWN AS DAVIDH.SnN&,EXAMI"GA~RNEY . . .

. . . . _

. .. . .

. .

I

. - . ..

. .

0 " InL a,. 7

.. Prior US. CI.: 23 Reg. No. 1,503,!576

United States Patent and Trademark Office RW-I SS. IS,


.. .' . . . . . . . . .'

. .

. i . .

RENEWED

state of IUinais counts of Rock Island m. GSOB~E IT. MIXTJW being $uIy m o m , de-

poses nnd says that he 1s a vice-president of the corporatmn named as n plicmt B t.he foregoing statement; t h n t !e believes the foregoing stqtement IS true; thnt he believes. said corporntson tcJ be the owner of the mnrk sought to be rqs tered ; that 110 other erson, firm corporntm or nssocintion, to &c best of howled and belief, bns the ri h t

in the identicnl form or- m nny mch near re- s ~ b l a n c a therefio ns m a h t be cJcnlsted to &Give; +nt mid mnrk u used b said cor-

gh,trtep of the United States, m% between the Etates and foreign nations or Indian

to t1m said mnr I? in the United States, ei&er

oration in commem anon t K e several

.IJNTED STATES PATENT' OFFICE.

tribes, imd pnrticnlarly +th Canada; thnt the descriphon ma drawing presented trul represent th? mnrk sought to be r e g i d that the fammIles show the mark M adudly used upon the goods, nnd that the mark has been in nctud use. ns a trade-mark of the a plicant nnd ap llcnnt's predecesora from w%om title was &rived, for ten yeam next preceding Februnry 20, 1905, and thrt to the best of his knqwledge nnd belief, such use has been exclusve.

GEORGE W. BfIXTER . Sworn and subscribed to before me, o no-

public, this 3 4 day of October, 1911. P. C. SIMMON % 8.3

Noto iy Pubfic.

J O H N DEE-

. .

. . . . , .

. . . , . . .

. .

. .

. .

. .

. .

Re-renewed June 3,. 1953, to Deem C%

~ i l ' i n o i s , a corporation of I l l i n o i s . of Moline, .

. .

, Int CI.: 7 . . . .

. .

Prior US. cls.: 13,19,21, W, 31,34, and 35


~qir;t& JW 24, zboj


. .

. . . .

. . . : . .

. . . . . . , . . . .

. . , . . .

. . . .

DEERE & COMPANY (DELAWARE CORPORA- TION) '

ONE JOHN D E E R E PLACE MOLINE, I t 6128

FOR: AGRICULTURAL MACHINES. NAMELY, pmWS. CULTIVATORS, HARROWS, REAPERS, GRAIN HARVESIFRS, HAY RAKE$ STACKERS, UNLOADERS. m R K S POWER a R N . C0770N. POTATU. SEED PLANIFRS POWER BROADCAST SEEDERS. GRAIN DRILLS, POTATO DIGGERS.

mu. SPRAYING MACHINES STALK CUITERS. S U R F A a GRADERS. CORN HARVESllZRS AND HUSKERS. CORN SHELLERS. FEED GRINDERS. m S I L h G E CUITDRS, FEED ClJ7TERS. IAWN MOWERS AND REEL MOWER VWIC- CLOD CRUSHERS. SOIL PUtVERIZERS. LAND ROLLERS, SPRAYING A N D FARM PUMPS, COMBINES;

MANURE S P R U D E R S . FERTILIZER DISTRIBU-

EARTH-MOVING MACHINES NAMELY, LOG-

GING. LANDSHAPING AND LAND-CLEARING MACHINES, LOADERS SKID STEER LOADORS LOADER BACKHOES. l3tJLLWZERS. EXCAVA- TOR$ SCRAPERS WOOD SAWING MACI-lINI?S; HIGH PRESSURE SPRAY-TYPE WASHING MA- CHINE FOR SPRAYING WATER. D I T E R G L M S AND OTHER UQUIDS; SNOW BLOWERS AND SNOW THROWERS: CHAIN SAWS; M ! X H O L E

NAL COMBUSnON W i I N B . F O R TtlE AFORE- MENTIONED MACHINES. IN CLASS 7 (US.cLs. 13. 19.21.23.31. -14 AND 35).

DIGGERS AND GASOLINE AND DImBL INTER-

. FIRSTUSE 11-I-m. IN COMMERCE It-I-mO.' /

SN 7G-095&, k L m 7- I9-2wp. . .

MARC LEIPZIG. EXAMINING AlTORNEY

. .


In the Matter of


Inv. No. 337-TA-487


I" IS HEREBY ORDERED THAT J & T Fanns, 370 Spring Grove Road,

Ephrata, PA 17522, cease and desist from conducting any of the following



soliciting U.S. agents or distributors for certain agricultural vehicles thereof, as


amended, 19 U.S.C. 9 1337, except as provided in Section N.

I.

(Definitions)


(A) "Commission" shall mean the United States International Trade

Commission.



assigns.

(C) “Respondent” shall mean J & T Farms, 370 Spring Grove Road,

Ephrata, PA 17522.




orassigns. ~


and Puerto Rico.




United States.

(H) The tern “covered product” shall mean self-propelled forage






2




11.

(Applicability)




otherwise) andor majority owned business entities, successors, and assigns, and


infria, for, with, or otherwise on behalf of Respondent.

111.





shall not:



3





trademark owner;






IV.

(Conduct Permitted)


otherwise prohibited by the terns of this Order shall be permitted if, in a written





4

V.

(Reporting)


















5

VI.











be perrnitted access and the right to inspect and copy in Respondent’s principal





VII.





6





successor; and



W(A) and VII(B) of this Order, together with the date on which service was

made.

The obligations set forth in subparagraphs VlI(B) and VII(C) shall remain



VIII.

(Confidentiality)




0 201.6. For alI reports for which confidential treatment is sought, Respondent


redacted.

7

IX.

(Enforcement)



including an action for civil penalties in accordance with section 3 3 7 0 of the





X.

(Modification)




XI.

(Bonding)






8










otherwise prohibited by Section Ill of this Order.









disapproved, by the President, upon service on Respondent o f an order issued by


Commission.

9


Secretary


10

. .

. . . .

III& Cls.: 7 and 12

Prior U.S. Ck.: 19 and 23 Reg. No. 1,254,339

United States Patent and Trademark Office Registered Oct. 18,1983


. . . . . . . - . . . . .

. . . . .

. .

. . . .

. .

-re c ampmy (Ddawarc cotpontion) John Deem Rd- Moline, JIJ. 61265

Foc AGRICULTUIUL AND LAWN CARE

WINDROWERS, MOWER-CONDITIONERS, FORAffE HARVESTERS, SEEDERS. COM- BINES. SPRAYEM, BEET HARVWTERS, COT-

hiACH1NE.S AND LAWN MOWERS, in C U S S 7 (U.S. Q. 23). F i usc 1968; in commerce 1968. For: ?RAmORS AND POWER-OPERATED

CARTS FOR CARRYING GRAM, in CLASS 12

MACIKNES-NAMELY. BALERS,

TON HARVESTERS,. HAY STACKING

(us. a. 19).

Fint use 1956; in commerce 1956 The drawing is lined for the colors green and

The mark consists of a horizontal yellow mip a

The configuration of a machine hood is r k by a green machine hood or

dotted lines m the drawing urd docs not fm a put

of the mark.

ellow.

Ser 2(f).

Ser. No. 35731 I,.filed +r. 29, 1982. . JEFFERSON FRIDAY, Examining Attom

. . . . .

. . . . .

- . : . Int. n i l2 . ..

. .

Res, NO, 1,502,103.. . Prior U.S. (3.: 19 '0 ' . . United'States Patent and Trademark Office R a d AW 30; , .

. . . .

. . ' ' TRADEMARK. . :'. . . , PRINcIpALREGrsmR ' ' . .

. . '

. . . . . . . .

. . . . . . .

' . . . .. . . . . . . . .

. . . . - . . . . . . . . . . . .

. .

. . . . . . . .

. .

. .

. . . . . .

. . . .

"JOHN DEERE".GREEN, AND A BRIQHT YELLOW CQLOR, AND CLAIM IS MADE FOR SUCH COLORS. THE MARK CONSISTS OF A GREEN m.

CLE BODY OR FRAME WITH YELLOW WHEELS. THE CONFIGURATION OF A GRAIN.CART IS SHOWN'LN DOTTED LMEs IN ?HE DMWINOS FOR ILLU-TIVE PURWSES ONLY AND #)w A PART OF THE MARK.

. . .

I . . . .

. .

. .

InL a m : 7

Prior U S (3: 23 Reg. No. 1,503,576

. United States Patent and Trademark Office RM sg. 1%


. .

. i .' .

. .

. . . . . . .

. .

&~ta of Illinois county of Rock Island IS. GWRGE IV. MIx.zaR,being duly morn, de-

poses and s a ~ thnt lie is o vice-president of the carporahon named ILS s phcmt in the fonping statement; hat f e believs the foregoing stqtement IS true; that he believes mjd orp porn ti on to be the owner of the mark mughtto be re@stered; that no other erson, firm corparntion or nssocintion, to best of h';B Irnocvled~ ond bel+f, bas the 4 ht to USE said mark in tbe Umted States, eder in the identic4 form or in any such near re- semblknce t h e 0 ob might be calculated to d d v e ; that sold mnrk IS used b snid cor-

RENEWED

tribes, and po~mlarly wiith' C~liada; thnt the descripkon ma drawing presented trul represent the' mark songbt to be r e @ d that the facsimiles &on themark as acturfly used upon the goods, and that the mark hss beer! in actual 1158 as a trade-mark of the n plicant and op licrmt's predecessors from &om title was &rived, for ten ye& next preceding Februnry 20 1005, and that to the best of his kiywledge and belief, such use has been exduslve.

GEORGE W. MIXTER. . Sworn nnd subscribed to before me, o no-

. m T ' E D STATES PATENT OFFICB. DEBRE & C O M P A N Y , OX' HOLINZ, ILLTROIS. .

. . i L .

. . . . .

. . , .

. .

. .

&-renewed. June 3; 1953, t o Deem I? Company, I l l ino i s , a corporation of I l l i n o i s .

J

. _

of Moline,

. . ' .

. .

. . .

. . . ..

. .

. .

, Int. CI.: 7 . .

Prior US. CIS.: 13,19,21,w, 31,34, and 35


~ + ~ e r c j d ~ l l n ~ 24,2003

TRADEMARK PRIlrsCIPAL REC;I!jTEll

. : . . ,. . .

. . . . . . . .

. .

DEERE & COMPANY (DELAWARE CORWRA- TION)

ONE JOHN D E E R E PLACE MOUNE, I L 61265

FOR AGRICULTURAL MACHINES. NAMELY, PLOWS. CULTIVATOR$ HARROWS; REAPERS, GRAIN H A R V m R $ HAY RAKES. SACKERS. UNLOADERS. mRK& POWER CORN. CWITON. POTATO. SEED PUmR$ POWER BROADCAST SEEDERS. GRAfN D R l U , K T A M DIGGERS.

TORS SPRAYING MACHINES, STALK CUITERS. !WRFACE GRADERS. CORN HARV-RS AND HUSKERS. CORN SHELLERS. FEED GRINDERS. ENSILAGE CVTTERS. FEED CUllXRS. LAWN MOWERS AND REEL MOWER VWICI.ES. CLOD CRUSHERS. SOIL PULVERIZERS. LAND ROLLERS, SPRAYING AND FARM PUMPS, COMBINES; EARTH-MOVING M A C H I N S NAMELY, LOG-

MANURE SPREADERS. FERTIUZER DISTRIBU-

. .

GING. LANDSHAPING AND LAND-CLEARING MACHINES, UIADERS. SKID STEER LOADERS.

TORS, SCRAPeRS; WOOD SAWING &lACWINES:

CHINE FOR SPRAYING WATER, D E l Z R G M S AND OTHER LlQUlrX: SNOW nLOWERS AND SNOW THROWERS: W A I N SAWS; POSTHOLE DIGGER% AND GASOLINE AND DIISEL I M E R - NAL COMOUSnON ENGINES FOR THE A F O R E

LOADER BACKHOES, BOLLDOZERS. EXCAVA.

HIGH PRESSURE SPRAY-TYPE WASHING MA-

'

MENTIONED MACHINES. IN C U S S 7 (US. CLS. 13. 19.21.23.31. W AND 35).

FIRST USE 11-1-2ooo: IN COMMERCE 11-I-MM).' /

SN 7bQ¶&59. k L E D 7-19-2000.

MARC LEIPZIG. EXAMINING AITORNEY


In the Matter of


Inv. No. 337-TA-487


IT IS HEREBY ORDERED THAT OK Enterprises, 55617 County Road

13, Mountain Lake, MN 56159, cease and desist from conducting any of the



for sale or soliciting U.S. agents or distributors for certain agricultural vehicles

thereof, as described below, in violation of Section 337 of the Tariff Act of 1930,

as amended, 19 U.S.C. 3 1337, except as provided in Section IV.

I.

(Definitions)



Commission.



assigns.

(C) “Respondent” shall mean OK Enterprises, 55617 County Road 13,

Mountain Lake, MN 56159.




or assigns . (F) “United States” shall mean the fifty States, the District of Columbia,

and Puerto Rico.




United States.




registeredU.S. trademarks: U.S. Reg. No.1,254,339; U.S. Reg. No. 1,502,103;



2




II.

(Applicability)






in.u, for, with, or otherwise on behalf of Respondent.

III.



by the Order. Until such date on which the trademarks identified in Section 1 0


shall not:



3





trademark owner;






Iv.

(Conduct Permitted)







4

V.

(Reporting)


















5

VI.
















VII.





6





successor; and



W(A) and W(B) of this Order, together with the date on which service was

made.




VIII.

(Confidentiality)






redacted.

7

IX.

(Enforcement)


210.75 of the Commission's Rules of Practice and Procedure, 19 C.F.R. Q 210.75,


Tariff Act of 1930, 19 U.S.C. 0 1337(f), and any other action as the Commission




X.

(Modification)




XI.

(Bonding)



President pursuant to section 337(i) of the Tariff Act of 1930,19 U.S.C. 0 1337(i),



8











’


not disapprove within the Presidential review period, this Order, unless the US.









Commission.

9


MarilwAbbott Secretary

10

. . . .

. .

. . . .

ht. Cls.: 7 and 12


United States Patent and Trademark Office Rer&tered O n 18,1983 .


. . . . . . . . . . . . - - .

, . . .

. . . .

. . . . . .

, .

. .

. .

Int. a*:- 12

Prior US. Q.: l9 Res, NO. 1,502,103.

United States Patent and Trademark Office ~tgirttrrs A- aq 1 9 ~


. .

. . . .

. . . . . .

. . . . . . . . . . . . .

. .

"JOHN DEERE".OREEN, AND A BRIOKT YELLOW COtoR AND CLAW IS MADE FOR SUCH COLORS. THE MARK CONSISTS OF A GREEN m.

CLE BODY OR FRAME WrCH YELLOW WHEUS. THE CONFIGURATION OF A GRAIN CART IS SHOWN IN DOTTEb LINES IN THE DRAWINOS FOR ILL-TIVE PURPOSES ONLY ANb A PART OF IWE MARK.

SEC 2 0 .

SER NO. S74.308, FILED 12-19-1985.

DAVID H. STINE, EXAMI"0 ATfoRNEY

. . . . . .

I . .

e

e'

, .

0'

.. .. . -

e .

prior US. (3.: 23 Reg. No. 1,503,576

United States Patent and Trademark Office Regis td s~l. 1% 191~


.' . . . .

. . . . y

. . .

I .

. .

. . . .

.UNITED STATES PATBHT OFFXCE. RENEWED .

. . , i

3 .

. . . . . . .

. .

- renewed. Ill'inQ is Y

. .

June 3,. 1953y t o Deere Company, a corporation of I l l i n o i s .

i

. . . . . . .

. .

.. .

of Moline ,

. . . . . .

. .

. .

. .

. ..

.. .

.' .

. .

.

. Int CI.: 7

Prior US. Cltx 13,19,21,23,31,34; and 3s

United States Patent and Trademark Office Rq. No. 2,729,766

R ~ S I ~ J U ~ 24,2003

a

e

TRADEMARK PRINCIPAL REGI!j"EX

. . e .

. , -

: .

. .

. .

.. .

DEERE & COMPANY (DELAWARE CORPORA-

MOLlNE, IL 61265

GING, LANDSHAPING AND LANDCLGARING WON) ' MACHINES. WADERS. SKID V E E R LOAl)CRS .

ONE JOHN DEERE PLACE LOADER BACKHOES. IXJLLDOZERS. WCAVA- TORS SCRAPERS: WOOD SAWING MACHINE3

FOR: AGRlCULnJRAL MACHINES. NAMELY, PLOWS. CULTIVATORS. HARROWS; REAPERS, GRAIN HARVESTERS. HAY RAKES. STACKERS. UNLOADBRS. FORKS. WWER CORN. COTIDN. POTATO SEED PLANTERS. POWER BROADCAST

MANURE SPREADERS. FERTILIZER DISTRIBU; TORS. SPRAYING MACHINES STALK CUITERS. SURFAm GRADERS. CORN HARVEST,= AND HUSKERS. CORN SHELLERS, FEED GRINDERS. E N S l U G E C m R S , PEm CUmRS. LAWN MOWERS AND REEL MOWER VEl-llCl,ES, CLOD

SPRAYING AND FARM PUMPS, COMBINES; MRTH-MOVING MACHINES. NAMELY, Loci-

SEEDER& GRNN DRILLS. POTATO DIGGERS.

CRUSHERS. sotL PULVERIZERS, LAND ROLLERS,

HIGH PRESSURE. SPRAY-TYPE WASHING MA- CHINE FOR SPRAYING WATER. DETERGEMS AND OTHER LIQUIDS; SNOW BLOWERS AND SNOW THROWERS: CHAIN SAWS POSTHOLE

NAL COMBUSION ENGINES FOR THE AFORE- MENTIONED MACHINES, IN CLASS 7 (US. CLS. I!. l9.21.23.31, M AND 3 3

DIGGERS AND GASOLINE AND DlISEL INTER-

. FIRST USE I1-1.Moo: IN COMMF3CE I1-1-2ooo. /

# .

SN 76495.33. FILED 7-19-Zt)W.

MARC LUPZIG. EXAMINING AlTORNEY . .

. .

. .

Documents

Certain Agricultural Vehicles and Components Thereof