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Expert Analysis

Litigating Trademark Cases At ITC Vs. District Court

Law360, New York (July 17, 2012, 1:27 PM EDT) -- Should an owner of a U.S. trademark litigate its case before the U.S. International Trade Commission or a district court? French fashion house Louis Vuitton Malletier SA recently litigated trademark cases in those two very different forums, and decisions in those cases provide insight into answering that question. In short, the ITC is a viable forum in which to enforce trademark rights against illegal imports, particularly where a flagship trademark and luxury goods are at issue. However, a trademark owner often will need to resort to a district court to enforce its rights.  ...

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