Sep 12, 2019

Trademark Decisions at the ITC May Have Preclusive Effect at the District Court

Picture of Segway

On May 18, 2016, Segway filed a Complaint with the International Trade Commission (ITC) alleging violations of 19 U.S.C. § 1337 based on the infringement of six patents and two trademarks. On March 21, 2017, Swagway, one of the Respondents, moved for partial termination of the investigation regarding the trademark infringement allegations by asking for a consent order stipulation to be entered where Swagway stipulated that it would not sell or import SWAGWAY-branded personal transporter products as well as all components thereof, packaging and manuals therefor. Before the Administrative Law Judge (“ALJ”) ruled on Swagway’s motion for consent order, the… Read more