Trademark and Trade Dress:  What to consider for secondary meaning?

Trademark and Trade Dress: What to consider for secondary meaning?

In a recent decision, the Federal Circuit laid out a multifactor test for secondary meaning and clarified that registering a trademark creates a presumption that the mark is valid, which can include a presumption that the mark has achieved secondary meaning, but the presumption only begins from the time of registration.

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ITC Provides a Way to Work Around IPR Estoppel

ITC Provides a Way to Work Around IPR Estoppel

The ITC recently ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed to raise them in a previously filed IPR, the Office of Unfair Imports Investigations Staff can raise those very same challenges during an ITC investigation.

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Fight Against Anonymous Online Sellers that Infringe Your IP

Fight Against Anonymous Online Sellers that Infringe Your IP

While limited exclusion orders remain the default remedy, a recent Initial Determination issued by ALJ Bullock is a reminder that the ITC may issue a general exclusion order if it finds a limited exclusion order would be insufficient to protect a complainant’s domestic industry.

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ALJ Pender Returns to ITC

ALJ Pender Returns to ITC

Notices recently issued by ALJ Bullock indicate that ALJ Pender “has returned to the Commission” and certain previously assigned investigations were therefore reassigned to him.

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