But the potential, they point out in the article, is huge.
For years, the ITC has been a preferred forum for patent owners seeking to exclude infringing foreign products from being imported into or sold in the United States. This is because the ITC is adept at handling patent disputes and has the power to fully enforce the exclusion of infringing products from any source in the world.
ITC trademark investigations are fairly similar procedurally to patent investigations, and offer the same substantive remedies. The ITC has the power to order the U.S. Customs and Border Protection to exclude products at the border that infringe valid trademarks, and can enforce exclusion of such infringing products beyond the parties to the dispute. Moreover, the ITC can order U.S. parties to the investigation to cease infringing activities in the United States, thus curtailing their ability to advertise, market, or sell products from existing inventories in the United States.
Like its handling of patent disputes, the ITC generally adjudicates trademark disputes more quickly and at less cost than district courts. ITC trademark investigations are an effective alternative for trademark owners to prevent the sale or importation of infringing products in the United States.
In the future, more and more corporations will look to the ITC when considering how to protect their brands and maximize the value of their trademarks.
The complete article is available here.
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