Intellectual property litigation partner Peter Brody and counsel Matthew Rizzolo (both of Washington, D.C.) authored a November-December article in IP Litigator magazine looking beyond patent cases at the International Trade Commission (ITC).
The authors examine the non-patent and non-statutory IP claims that can provide the basis for filing a Section 337 complaint at the ITC. These include investigating allegations of trade secret misappropriation, common law trademark and trade dress infringement, breach of contract, and false advertising, among others. While more companies are taking advantage of the ITC’s position in regulating international trade, the Commission may still be an underutilized forum that offers several advantages over district courts.
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