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ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress, ITC Blog

November 2017

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The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the "domestic industry" for unregistered trade dress need not be defined by the subheadings in 19 U.S.C. § 1337(a)(3) like they are in a patent-based or registered trademark-based investigation.

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