Crocs, Inc. v. International Trade Commission

 
APPEAL NO.
24-1300
OP. BELOW
OPINION
TBD
SUBJECT
Trademark
AUTHOR
TBD

Issue(s) Presented

1. “Did the Commission err in determining that the Defaulting Respondents did not violate Section 337 [of the Tariff Act] as the sole basis for denying Crocs’s request for a [General Exclusion Order]?”

2. “Did the Commission err in determining that the Active Respondents did not infringe the 3D Marks, notwithstanding the Active Respondents’ sales of nearly identical footwear, based on the Commission’s reliance on a control survey that copied aspects of and was too similar to the overall appearance of the 3D Marks?”

3. “Did the Commission err in concluding that the Active Respondents’ footwear do not dilute the 3D Marks due to a lack of fame?”

4. “Is Crocs’s appeal timely when it filed its notice of appeal on December 22, 2023, within 60 days after the Commission’s determination became final on November 14, 2023?”