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Trade marks: Louis Vuitton case could lead to rush at the ITC

An initial determination recommending a general exclusion order against counterfeit Louis Vuitton products could send trade mark owners flocking to the International Trade Commission.

Louis Vuitton has described itself as "the first luxury goods company to seek redress at the ITC". The company filed a motion for summary determination of a Section 337 (intellectual property) violation naming several respondents based in China, and requested a general exclusion order barring all goods in violation of eight of the company's trade marks. The trade mark registrations at issue are for Louis Vuitton's popular Toile Monogram Marks, which are used on the company's handbags, luggage and accessories.

Chief Administrative Law Judge Charles Bullock granted the request in March, saying that because a pattern of Section 337 violations has been...

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