ITC Rules Against Converse on Trademark Claims
The International Trade Commission overturned the findings of an administrative law judge, in effect saying that Converse could not protect the midsole design of the Chucks that combines a toe cap, toe bumper and midsole stripe. It said the trademark issued to Converse was invalid because the combination did not have sufficient secondary meaning. It also affirmed the administrative law judge’s finding that Converse’s claim to have common law rights was invalid.
The ruling was a victory for New Balance, among others, which noted that its PF Flyers brand has been using similar marks for 80 years. The original 2014 investigation ... Log in to view full article.