Litigating at the ITC: caught in a grey zone
Despite its advantages, the average number of investigations instituted before the US International Trade Commission has almost halved since 2011. The agency now faces two significant obstacles to becoming a more prominent trademark litigation forum
Last year the International Trade Commission (ITC) celebrated its centennial. For almost 100 years, Section 337 of the Tariff Act 1930 has allowed domestic manufacturers to enforce their IP rights against infringing imports before the ITC – an independent, quasi-judicial federal agency comprising six commissioners who oversee five administrative law judges. The US president can veto remedial orders issued by the ITC for policy reasons within a 60-day presidential review period. In 2005 the president delegated this authority to the Office of the US Trade Representative. The ITC’s goal is to regulate the effect of imports on US industries and curtail unfair trade practices, including trademark and patent infringement pursuant to 19 US Code §1337.
This part of the website has now moved to the subscriber area. To read more, please pick an option below.
Register to access two articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
I look forward to reading the World Trademark Review e-mail updates every day. WTR provides a concise summary of noteworthy disputes and legislative issues around the world, as well as helpful country-specific overviews on trademark laws and practices.
Ruby A. Zefo
Director, Trademarks & Brands Legal
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.