By Eric Schweibenz and Alex Englehart
On June 23, 2016, the International Trade Commission (the “Commission”) issued a notice
determining that a Section 337 violation has occurred in Certain Footwear Products
(Inv. No. 337-TA-936). The Commission also issued a general exclusion order prohibiting the unlicensed entry of footwear products that infringe U.S. Trademark Registration Nos. 3,258,103 (the ‘103 trademark) and 1,588,960 (the ‘960 trademark).
By way of background, this investigation is based on an October 14, 2014 complaint filed by Converse Inc. (“Converse”) alleging violation of Section 337 in the importation into the U.S. and sale of certain footwear products that infringe U.S. Trademark Registration No. 4,398,753 (the ‘753 trademark), the ‘103 trademark, and the ‘960 trademark. Additionally, Converse alleged violation of Section 337 based upon unfair competition/false designation of origin, common law trademark infringement and unfair competition, and trademark dilution. See
our October 15, 2014
and November 14, 2014
posts for more details on the complaint and Notice of Investigation, respectively. Most of the named respondents were subsequently either found in default or terminated from the investigation based on good cause or settlement and/or consent order stipulation. However, Wal-Mart Stores, Inc., Skechers U.S.A., Inc., Highline United LLC d/b/a Ash Footwear USA, and New Balance Athletic Shoe, Inc. remained in the investigation.