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The U.S. Court of Appeals for the Federal Circuit vacated a remand determination by the U.S. International Trade Commission (ITC) that sales in the United States of an European-version of a harvester was not an act of unfair competition under 337, finding that the ITC incorrectly applied the “all or substantially all” test, which prohibits a trademark owner from seeking any remedy for trademark infringement unless “all or substantially all” of the goods sold by the trademark holder in the United States are an identifiable U.S. version
Horizon Hobby Inc. filed a complaint with the ITC on January 6, 2011, naming over Koko Technology Ltd. of Shenzhen, China and Cyclone Toy & Hobby of Shenzhen, China as respondents
