News & Analysis as of

International Trade Commission (ITC) Trademark Infringement

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Strategic Enforcement Before the U.S. International Trade Commission – An Evaluation of Recent Enforcement Proceedings

Investigations under 19 U.S.C. § 1337 (Section 337) before the U.S. International Trade Commission can provide relief against unfair acts in the import trade. The most common causes of action include infringement of U.S....more

Irwin IP LLP

2025 Mid-Year Report - Top Ten Intellectual Property Cases Of 2025 (So Far)

Irwin IP LLP on

We have passed the midpoint of 2025, and the landscape of intellectual property law continues to evolve at a rapid pace, shaped by emerging technologies, and shifting judicial interpretations. From pivotal Supreme Court...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Strategies for ITC Success: Insights from the Client Perspective

In a recent presentation featuring Uma Everett, Director at Sterne Kessler, and Dallin Glenn, General Counsel at BTL Industries, Inc., we discussed strategies for succeeding in an ITC investigation, focusing primarily on the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] Strategies for ITC Success: Insights from the Client Perspective - June 4th, 1:00 pm - 2:00 pm ET

Join us for our upcoming webinar, “Strategies for ITC Success: Insights from the Client Perspective,” on Tuesday, June 4, 2024, from 1:00 PM – 2:00 PM (EDT). Director Uma Everett will be joined by Dallin Glenn, General...more

Haug Partners LLP

2023 in Review at the International Trade Commission

Haug Partners LLP on

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Wolf, Greenfield & Sacks, P.C.

A Look Ahead: Key Intellectual Property Legal Topics in 2024

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences,...more

Irwin IP LLP

Mahindra’s Not-a-Jeep Finds Redemption in Redesign 

Irwin IP LLP on

On remand from the Sixth Circuit, the Eastern District of Michigan (“District Court”) declined FCA US LLC’s (“Jeep”) motion to enjoin importation of rival automaker Mahindra’s post-2020 ROXOR utility terrain vehicle (“UTV”). ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[Webinar] What is the ITC and How to Minimize Your Risk of Being Sued in that Forum - July 19th, 1:00 pm - 2:00 pm EDT

Danny Yonan, Director and head of the firm’s ITC practice, and Directors Uma Everett and Paul Ainsworth will present the webinar "What is the ITC and How to Minimize Your Risk of Being Sued in that Forum" on Wednesday, July...more

Morrison & Foerster LLP

“Line-by-Line” vs. “As-a-Whole” Analysis: Clarifying the Mere Importer and Domestic Industry Analysis

The International Trade Commission’s (“Commission”) majority and dissenting opinions in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (“In Vitro Fertilization”) illustrate two...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

Fox Rothschild LLP on

The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing...more

Fish & Richardson

ITC Monthly Wrap-Up: April 2022

Fish & Richardson on

This month’s ITC wrap up reviews one decision from April and one from March, which highlight: (1) how the ITC handles exclusion orders as marketplaces move online; and (2) the impact of Federal Circuit remands at the ITC, as...more

Kilpatrick

7 KEY TAKEAWAYS: Recent Trends in ITC Practice

Kilpatrick on

2021 has been a year of changes internationally and the International Trade Commission (ITC) has not remained untouched. In a presentation last month members of Kilpatrick Townsend’s ITC litigation group discussed recent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

WilmerHale

USPTO/PTAB Update - February 2021

WilmerHale on

USPTO Director Andrei Iancu and Deputy Director Laura Peter resigned from their respective posts prior to inauguration day. Commissioner for Patents Drew Hirschfeld and Senior Counsel Coke Morgan Stewart are temporarily...more

Haug Partners LLP

The Impact of COVID-19 and Accelerated Growth of E-commerce on Gray Market Sales

Haug Partners LLP on

COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more

ArentFox Schiff

In Long-Running Dispute, ITC Rules Chuck Taylor Sneakers Protectable But Not Infringed

ArentFox Schiff on

Converse – In re Certain Footwear Products, Inv. No. 337-TA-936 (Remand, 2020) - It has been over six years since Converse first filed its headline-grabbing International Trade Commission complaint against over thirty...more

Foley & Lardner LLP

Proposed Legislation Expands Border IP Protections

Foley & Lardner LLP on

A bipartisan group of senators introduced legislation to expand the mandate of the U.S. Customs and Border Patrol (CBP) to impound goods suspected to infringe U.S. design patent rights. Sens. Thom Tillis (R-NC), Chris Coons...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Knobbe Martens

Failure of ITC to Follow Its Own Rules May Constitute Harmless Error

Knobbe Martens on

SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Although the ITC must strictly comply with its rules, failure to do so...more

McDermott Will & Schulte

Not So Swag: No Preclusive Effect for ITC Trademark Infringement, Validity Rulings

Addressing for the first time whether International Trade Commission (ITC) trademark infringement rulings have a preclusive effect on district court litigation, the US Court of Appeals for the Federal Circuit affirmed the...more

Fox Rothschild LLP

ITC Trademark Rulings

Fox Rothschild LLP on

Earlier this month, the Federal Circuit ruled that trademark rulings from the International Trade Commission (“ITC”) do not have preclusive effect. This means that ITC actions do not bar district court cases, that ITC...more

Jones Day

ITC’s Trademark Decisions Are Not Entitled To Preclusive Effect

Jones Day on

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...more

Knobbe Martens

Trademark Decisions Rendered by the International Trade Commission Do Not Have Preclusive Effect

Knobbe Martens on

SWAGWAY, LLC V. ITC - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not...more

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