Restore the Meaning of “Secondary Meaning”

Last June, in Converse v. ITC, the International Trade Commission (ITC) found that Wal-Mart, Skechers, and New Balance, among others, could copy an athletic shoe design – Converse’s Chuck Taylor – because it lacked “secondary meaning” to consumers, and therefore failed to qualify for trade dress protection under the Lanham Act. In trademark law, secondary […]

Prof. Hugh Hansen Joins Amicus Brief of 11 Law Profs in Converse v. ITC (CAFC)

On February 3, 2017, Prof. Hugh C. Hansen joined an amicus curiae brief submitted by 11 Law Professors in support of the appellant, Converse, in Converse v. ITC, 2016-2497 (Fed. Cir.). The appeal concerns the ITC’s invalidation of Converse’s registered trademark in the mid-sole of its iconic Chuck Taylor All-Star shoe, and that further there was insufficient […]