The U.S. International Trade Commission Beyond the Smart Phone Wars: Retail & Consumer Goods

Insights: Events The U.S. International Trade Commission Beyond the Smart Phone Wars: Retail & Consumer Goods

New York State Bar Association Intellectual Property Law Section, Retail and Consumer Goods

The Smart Phone Wars drove the U.S. International Trade Commission to record levels of activity through 2011. As those conflicts quiet, other industries have brought their issues to the steps of the ITC for adjudication, particularly retail and consumer goods companies seeking to counter knock-offs and protect market share. Non-practicing entities—“trolls”—have also targeted retail and consumer goods at the ITC, seeking to monetize intellectual property rights. Products ranging from faded denim to basketball sneakers are now on trial at the ITC. We will start with a brief landscape of the ITC as a unique venue, then explore these newest ITC litigations, and discuss strategies and options relative to district court litigation for companies seeking offensive or defensive advantages at the ITC.