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An All-Star Decision: Federal Circuit Increases Predictability in Trademark Enforcement
2 November 2018
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The ITC’s earlier decision regarding Converse’s trademark for the design of its Chuck Taylor All-Star sneaker created significant uncertainty about the utility of federal trademark registrations and the predictability of enforcing trademark rights.
The Federal Circuit reversed a clear legal error by the ITC in its application of the wrong legal standard to determine secondary meaning and trade dress validity.
In its ruling, the court cited an amicus brief submitted by Debevoise on the limitations of using customer surveys to establish historical secondary meaning.
David H. Bernstein
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