by Jones Day's ITC Litigation Team | May 16, 2019 | Estoppel, Preclusion, Trademark / Trade Dress
Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019). The Court reached its conclusion...
by Jones Day's ITC Litigation Team | Jan 18, 2019 | Exclusion Orders, Trademark / Trade Dress
When people think of actions filed with the International Trade Commission (ITC) under section 337 of the Tariff Act of 1930, they likely think of patent infringement cases. And the majority of ITC cases do involve patents, but section 337 protects...
by Jones Day's ITC Litigation Team | Nov 9, 2018 | Federal Circuit Appeals, Trademark / Trade Dress
As explained in a recent Jones Day Commentary here, the Federal Circuit clarified the tests for determining secondary meaning and trade dress infringement. Converse v. ITC, No. 16-2497 (Fed. Cir. Oct. 30, 2018). First, the Federal Circuit...
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...
