CONVERSE, INC., Appellant
v.
INTERNATIONAL TRADE COMMISSION, Appellee,
SKECHERS U.S.A., INC., New Balance Athletics, Inc., FKA New Balance Athletic Shoe, Inc., HU Liquidation, LLC, FKA Highline United LLC, Intervenors.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
GREGORY DOLIN , University of Baltimore School of Law, Baltimore, MD, for amici curiae Saurabh Vishnubhakat, Gregory Dolin, Christopher Frerking, Hugh Hansen, Jay P. Kesan, Irina D. Manta, Kristen J. Osenga, Eric Priest, Ted M. Sichelman.
JAMES J. AQUILINA, II , Design IP, PC, Allentown, PA, for amicus curiae Industrial Designers Society of America, Inc.
ADAM MOSSOFF , Antonin Scalia Law School, George Mason University, Arlington, VA, for amicus curiae Adam Mossoff.
MARK SCHULTZ , Antonin Scalia Law School, George Mason University, Arlington, VA, for amicus curiae Mark Schultz.
CYNTHIA S. ARATO , Shapiro Arato LLP, New York, NY, for amici curiae Fashion Law Institute, Christian Louboutin SAS, Tiffany and Company. Also represented by MARY CATHERINE BRENNAN , Fashion Law Institute, New York, NY.
DAVID HAL BERNSTEIN , Debevoise & Plimpton LLP, New York, NY, for amici curiae All Market Inc., Case-Mate, Inc., General Mills, Inc., Herman Miller, Inc., Honeywell International Inc., Mark Anthony International SRL, Owens Corning Intellectual Capital, LLC, Princeton Vanguard, LLC, Snyder's-Lance, Inc.
Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge O'Malley.
Dyk, Circuit Judge.
Converse, Inc., appeals from a final determination of the International Trade Commission ("ITC") that held invalid Converse's trademark in the midsole design of its Chuck Taylor All Star shoes, U.S. Trademark Registration No. 4,398,753 ("the '753 trademark"). Because it found the registered mark invalid and that Converse could...
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