Federal Circuit Stomps Out Recognition of Separate Registered and Common-Law Trademarks

Converse, Inc. v. Int’l Trade Comm., Inc., 909 F.3d 1110 (Fed. Cir. 2018), concerns the alleged infringement of Converse’s trade dress rights arising from its trademark registration and from common law. U.S. Trademark Registration No. 4,398,753 (“the ’753 trademark”), issued to Converse on September 10, 2013, describes the trade-dress configuration: three design elements making up the midsole of Converse’s Chuck Taylor All Star shoes. The court held that ITC erred in applying the wrong standards regarding its invalidity and infringement determinations, vacating and remanding the case for further proceedings. 

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Eleventh Circuit Holds Code Annotations Are Not Copyrightable

By Sofia Bonfiglio

In Code Revision Commission v. Public.Resource.Org, Inc., 906 F.3d 1229 (11th Cir. 2018), the Eleventh Circuit decided whether the annotations contained in the Official Code of Georgia Annotated (OCGA), which is part of the official codification of Georgia’s laws and enacted by the Georgia General Assembly, may be copyrighted by the State of Georgia . . .

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