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.
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.
ALJ Pender has retired from the ITC. News of his retirement was provided in orders issued by Chief ALJ Bullock reassigning the investigations previously assigned to ALJ Pender.
Economic Prong of Domestic Industry Requirement Is Not Evaluated in Relation to Complainant’s Overall Investments
The economic prong can be satisfied even when the percentage of complainant’s domestic investments in the patented products is small in relation to its overall domestic investments.
In a recent order, the ITC reiterated that, unlike in federal courts, only one complainant needs to demonstrate standing at the ITC.