Trademark and Trade Dress: What to consider for secondary meaning?, ITC Blog

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As explained in a recent Jones Day Commentary here, the Federal Circuit clarified the tests for determining secondary meaning and trade dress infringement. Converse v. ITC, No. 16-2497 (Fed. Cir. Oct. 30, 2018). First, the Federal Circuit explained that registering a trademark creates a presumption that the mark is valid, which can include a presumption that the mark has achieved secondary meaning, but the presumption only begins from the time of registration.

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