Looking Beyond Patents at the International Trade Commission - Is the ITC an Underutilized Forum?

The US International Trade Commission (ITC) is an independent, quasi-judicial federal agency responsible for enforcing Section 337 of the Tariff Act, a trade statute designed to protect US industries from injuries caused by the importation of goods connected to unfair acts.In recent years, the ITC h...

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Bibliographic Details
Published in:The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2017-11, Vol.23 (6), p.1-4
Main Authors: Brody, Peter, Rizzolo, Matthew, Semendyai, Vladimir
Format: Article
Language:English
Subjects:
Advertising
Antitrust
Breach of contract
Bribery
Competition
Enforcement
Federal court decisions
Infringement
Intellectual property
Intellectual property law
International trade
Investigations
Jurisdiction
Laws, regulations and rules
Medical equipment
Remedies
Services
Steel products
Tariffs
Trade secrets
Trademarks
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Summary:The US International Trade Commission (ITC) is an independent, quasi-judicial federal agency responsible for enforcing Section 337 of the Tariff Act, a trade statute designed to protect US industries from injuries caused by the importation of goods connected to unfair acts.In recent years, the ITC has instituted investigations under Section 337(a)(1)(A) based in whole or in part on allegations of trade secret misappropriation, common law trademark and trade dress infringement, breach of contract, tortious interference with contractual relations, false advertising, passing off, violation of the Digital Millennium Copyright Act (DMCA), and violation of a state-law Uniform Deceptive Trade Practices Act.1 Trade secret misappropriation cases have been particularly popular in recent years.[...]the ITC may be a valuable forum to protect competition in the data privacy and security context.In the past, the ITC has looked to the FTC's definition of what constitutes an "unfair" act in resolving its own investigations under Section 337(a)(1)(A).[...]the ITC may potentially investigate a broad swath of actions in the data security arena.
ISSN:1086-914X