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ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day's ITC Litigation Team | Nov 28, 2017 | Commission Opinions, Domestic Industry, Exclusion Orders, Trademark / Trade Dress

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders.  Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need not be defined by the...
ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

Commission Overturns Summary Determination in Optical Fibers Investigation

by Jones Day's ITC Litigation Team | Aug 14, 2017 | Commission Opinions, Motion Practice, Summary Determination

In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6, 2017).  The ALJ...
ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

ITC Commissioners Remain Split on Cease and Desist Orders

by Jones Day's ITC Litigation Team | May 10, 2017 | Commission Opinions, Default, Remedial Orders

We previously wrote about the ITC Commissioners’ split on the standard for the issuance of cease and desist orders.  In recent opinions, Commissioners Schmidtlein and Kieff have written separately to express their view that ITC precedent requiring...
ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

ITC Scrubs Domestic Industry Holding In Brushes Investigation

by Jones Day's ITC Litigation Team | Feb 8, 2017 | Commission Opinions, Domestic Industry, Exclusion Orders

  On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing general and limited exclusion...
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