ITC Terminates Enforcement Proceeding Against Vivace in Synthetic Braiding Hair Patent Case

Background and Original Investigation

The U.S. International Trade Commission instituted an investigation on September 9, 2024, based on a complaint filed by JBS Hair, Inc. of Atlanta, Georgia. The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain pre-stretched synthetic braiding hair and packaging therefor. Specifically, the complaint alleged infringement of certain claims of U.S. Patent Nos. 10,786,026; 10,945,478; and 10,980,301. The notice of investigation named numerous respondents, including Dae Do Inc. d/b/a Vivace — a party whose name was later corrected from the original listing of "Vivace, Inc. d/b/a Dae Do Inc." The Office of Unfair Import Investigations was also named as a party in the investigation.

Default Finding and Remedial Orders

On February 24, 2025, the Commission found Vivace to be in default, following Order No. 31 issued February 4, 2025. Subsequently, on September 29, 2025, the Commission issued a limited exclusion order and/or cease and desist orders against certain defaulting respondents, including Vivace, pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)). Those remedial orders were published in the Federal Register on October 2, 2025.

Enforcement Proceeding and Termination

On December 18, 2025, JBS Hair filed an enforcement complaint against Vivace requesting that the Commission institute an enforcement proceeding under Commission Rule 210.75 (19 CFR 210.75) to investigate alleged violations by Vivace of the Commission's remedial orders. The Commission instituted that enforcement proceeding on January 22, 2026. On June 8, 2026, the Commission amended the complaint and notice of investigation to correct Vivace's name, per Order No. 51 dated May 7, 2026.

On June 9, 2026, JBS Hair filed an unopposed motion to terminate the enforcement proceeding pursuant to Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)), based on withdrawal of the enforcement complaint against Vivace. The Office of Unfair Import Investigations filed a response in support of the motion on June 16, 2026. On June 18, 2026, the presiding administrative law judge issued Order No. 53 granting the unopposed motion. The initial determination found that JBS Hair had complied with the requirements of Commission Rule 210.21(a), that the motion was filed before the issuance of an enforcement initial determination, and that "no extraordinary circumstances exist that would prevent the requested termination." The initial determination also noted that the motion states "there are no agreements, written or oral, express or implied, between the parties concerning the subject matter of this investigation."

No petition for review of the initial determination was filed. The Commission determined not to review the initial determination, with its vote taking place on July 8, 2026. The enforcement proceeding is now terminated. The Commission's authority for this determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

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