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”...

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