ITC Botched Chuck Taylor Ruling, Fashion Companies Say
Law360, New York (March 8, 2017, 7:56 PM EST) -- Tiffany & Co. and Christian Louboutin warned the Federal Circuit on Wednesday that an International Trade Commission's decision revoking trade dress protection for the design of Converse's Chuck Taylor sneaker "threatens to upset the current equilibrium in trademark law."
In an amicus brief filed in Converse's closely watched appeal of the ITC ruling, the fashion giants said the commission placed far too much weight on the fact that other companies had been selling similar looking shoes for years.
The lack of "exclusivity of use" should be one factor for courts to use in figuring out if a design has enough "secondary meaning"...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!