April 11, 2019
An article written by Fitch Even partner John E. Lyhus, with contributions from Fitch Even law clerk Zachary Van Engen, is featured in the Japanese version of the March 2019 edition of A.I.P.P.I., the journal of the International Association for the Protection of Intellectual Property in Japan.
In the article, “Federal Circuit Clarifies Secondary Meaning and Infringement Issues for Product Design Trade Dress,” John discusses the importance of the Federal Circuit’s decision in Converse, Inc. v. ITC and explains how it provides clarity on how the Federal Circuit analyzes secondary meaning and trademark infringement issues for product design trade dress.
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On September 29, in In re Vivint, Inc., the Federal Circuit clarified the interplay between petitions for IPR and a subsequent request for ex parte reexamination. Read more