Converse, Inc. v. ITC, 16-2497 On October 31, 2018, the Federal Circuit found that the ITC erred when deciding that Converse’s trademark for the insole of its Chuck Taylor All Star shoes was invalid.  In particular, the court found that the ITC erred in finding that Converse’s registered mark was invalid for lack of secondary meaning because the ITC failed to determine the relevant date for assessing the existence of secondary meaning.  As Converse’s trademark was for a product design, the design was only protectable upon showing secondary meaning.  The court ruled that the presumption of secondary meaning can only be given after the registration of the mark, not prior.  Because several of the accused infringers offered products prior to the registration of the mark, the Federal Circuit remanded the case to determine whether Converse’s design had acquired secondary meaning prior to its registration and at the time of infringement.