On June 23, 2016, the U.S. International Trade Commission (“ITC”) issued a decision in the closely watched Converse proceeding, invalidating one of Converse’s trademarks for its iconic Chuck Taylor shoes and issuing a broad exclusion order prohibiting the import of any shoes that infringe certain of Converse’s other trademarks. The decision highlights the benefits of bringing infringement complaints to the ITC.
The case began in the fall of 2014, when Converse launched an offensive against more than thirty companies, accusing them of trademark infringement. At the same time that it filed the complaints in federal court, Converse filed a complaint with the ITC, asserting that the companies were infringing the following trademarks in violation of Section 337 of the Tariff Act of 1930:
- U.S. Registration No. 4,398,753 for . This registration is for the two stripes on the midsole, the design of the toe cap, and the design of the multilayered toe bumper with the diamond and line patterns (the “‘753 Registration”).
- U.S. Registration No. 3,258,103 for . This registration is for the three-dimensional diamond tread design (the “‘103 Registration”).
- U.S. Registration No. 1,588,960 for . This registration is also for the three-dimensional diamond tread design (the “‘960 Registration”).