Federal Circuit Vacates ITC Finding That Converse Midsole Mark Is Invalid

Mealey's (October 31, 2018, 10:37 AM EDT) -- WASHINGTON, D.C. — A final determination by the International Trade Commission (ITC) that a trademark covering the midsole design of Converse Inc.’s famed Chuck Taylor All Star shoe is invalid was vacated and remanded Oct. 30 by a divided Federal Circuit U.S. Court of Appeals, which used the opportunity to enumerate a six-factor test for establishing the existence of secondary meaning (Converse Inc. v. International Trade Commission, No. 16-2497, Fed. Cir., 2018 U.S. App. LEXIS 30649)....