Features

The results are in on the ITC

By Justin Pierce, Andrew Pratt and Andrew Price

The US International Trade Commission is a powerful and cost-effective weapon in the ongoing brand protection war, but remains underused.

The US International Trade Commission (ITC) investigates imports connected with unfair acts such as IP infringement and directs US Customs and Border Protection (CBP) to exclude those products from the United States. In 2012 around 75% of all exclusions by the CBP resulted from ITC investigations into brand protection claims sought by Crocs, Inc (for its foam footwear) and Philip Morris (for counterfeit cigarettes). That figure is remarkable on its own, and even more so in light of the fact that brand protection claims comprise only a small fraction of ITC investigations. Naturally, this begs the question of why more companies do not use the ITC as a weapon in the brand protection war.

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Issue 71