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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.
Experience 9 results
Experience
|January 19, 2024
Experience
|August 1, 2023
American Multinational Hedge Fund and Financial Services Company Trademark Counseling
Experience
|December 28, 2022
Winston Represented Health Brands Company in Trademark Infringement Case
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Press Release
|November 18, 2024
|3 Min Read
Director of United States Patent and Trademark Office Kathi Vidal to Rejoin Winston & Strawn
Washington, D.C. & Silicon Valley, CA – November 18, 2024 – Winston & Strawn LLP announced today that Kathi Vidal will rejoin the firm’s Litigation Department as a partner in the firm’s Silicon Valley and Washington, D.C. offices and as a member of the Executive Committee after stepping down from her role as Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Kathi will rejoin Winston on December 16, 2024.
Sponsorship
|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?
Webinar
|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.
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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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The term cybersquatting refers to the unauthorized registration and use of Internet domain names that are identical or similar to trademarks, service marks, company names, or personal names. Cybersquatting registrants obtain and use the domain name with the bad faith intent to profit from the goodwill of the actual trademark owner. Both the federal government and the Internet Corporation for Assigned Names and Numbers have taken action to protect the owners of trademarks and businesses against cybersquatting abuses.
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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).