Attorneys Ari Feinstein and Nicole R. Townes co-authored “Federal Circuit: Trademark Decisions Rendered by International Trade Commission Do Not Have Preclusive Effect,” which was published in World Trademark Review.
Excerpt: In Swagway LLC v International Trade Commission (before Dyk, Mayer and Clevenger, appeal from the International Trade Commission), the US Court of Appeals for the Federal Circuit has held that trademark decisions of the International Trade Commission (ITC), like the ITC’s patent decisions, do not have preclusive effect.
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