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The United States International Trade Commission (ITC) is an increasingly popular venue for patent infringement litigation. More and more companies are seeking to halt importations of infringing products into the United States by turning to the ITC for expedited relief. Section 337 investigations conducted by the ITC provide complainants with a “fast track” to remedy IP matters that typically go to trial within 10 months. Since many Section 337 cases go to trial, selecting an ITC litigation team with a command of the technology, patent law, and specialized procedural practice is extremely important. We have handled more than 100 cases before the ITC.
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Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act.
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Experience
|January 19, 2024
Experience
|December 28, 2022
Winston Represented Health Brands Company in Trademark Infringement Case
Experience
|October 31, 2022
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|November 12, 2024
Winston Sponsors, Jeanifer Parsigian Speaks at GCR Live’s Annual Women in Antitrust Conference
Cartels: Can Software Programs Be a Hub for Collusion?
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|November 5, 2024
Decoding AI Law - Fall 2024 Edition
Join Winston’s Artificial Intelligence attorneys throughout November for a CLE-accredited webinar series exploring the latest topics at the intersection of generative and general AI and the law.
Recognitions
|October 22, 2024
|2 Min Read
Three Winston Attorneys Named as 2024 Law360 MVPs
Winston partners Jeffrey Kessler, Tom Melsheimer, and Sean Wieber merited inclusion on Law360’s 2024 MVPs list. As described by Law360, this year’s winners “have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”
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What Is Trademark Infringement?
Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from. Trademark owners can take legal action if they believe their marks are being infringed. If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief.
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What Is the Domestic Industry Requirement?
The domestic industry requirement for Section 337 investigations at the U.S. International Trade Commission (ITC) mandates that a complainant asserting patent infringement at the ITC, or complainant’s licensee, has made in the United States significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, or licensing. The investments must further be directed to articles that practice a valid claim of the asserted patent. The investment component of the requirement is referred to as the “economic prong,” while the requirement that the article practices the asserted patent is referred to as the “technical prong.” The domestic industry requirement is codified in 19 U.S.C. § 1337(a)(2)-(3).
Law Glossary
A safe harbor is a legal provision in a statute or regulation that provides protection from a legal liability or other penalty when certain conditions are met.