California Apparel News

National intellectual-property law firm Merchant & Gould P.C. has announced its new International Trade Commission Group.

The new group was formed during a time when Lululemon filed a lawsuit against Peloton claiming that the exercise-equipment and media company infringed on the athletic-apparel retailer’s IP rights. In the lawsuit, Lululemon accuses Peloton of trade-dress infringement, false designation of origin and unfair competition. Lululemon claims five Peloton-branded products infringe on six Lululemon patents.

The ITC Section 337 Investigations Group will sit within the firm’s litigation practice and handle all patent and non-patent issues under Section 337 for all clients, regardless of industry. Section 337 ligation is considered a specialty within the broader intellectual-property and unfair-competition litigation. Cases typically consist of a mix of traditional IP issues, such as patent, copyright, trademark infringement and trade-secrets misappropriation.

Joshua Hartman joined Merchant & Gould in September as a partner to lead the firm’s ITC Group. Merchant & Gould’s specialized, ITC-focused, Washington, D.C.–area team will steer the ITC Group while working with attorneys across the firm’s seven offices.

“With the launch of the ITC Group and this additional niche, Merchant & Gould is increasing our existing IP capabilities in the ITC litigation space during an important shift in our global economy. ITC investigations require a variety of IP specializations, and we have a deep team of IP all-stars who understand the complexity of this area as we move into a more interconnected world,” said Christopher J. Leonard, managing director and CEO of Merchant & Gould.

Merchant & Gould is planning a Continuing Legal Education event regarding Section 337 in the spring of 2022. Details, including date, location, topic and speakers, are expected to be announced early next year.