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Written May 14, 2019

The United States Court of Appeals for the Federal Circuit (Federal Circuit) on May 9, 2019, affirmed an International Trade Commission (Commission) finding that “Swagway” hoverboards infringed Segway Inc.'s trademarks. Swagway, LLC v. Int’l Trade Comm’n, Fed. Cir., No. 18-1672, 5/9/19.

Segway Inc., the famed American manufacturer of two-wheeled personal transporters, owns two trademarks: US Trademark Registration Nos. 2,727,948 and 2,769,942. It filed a Complaint with the International Trade Commission alleging that Swagway’s self-balancing hoverboard products, marketed under the names SWAGWAY X1 and X2, as well as SWAGTRON T1 and T3, infringed Segway’s marks.

The Commission determined that “Swagway” creates a likelihood of confusion with “Segway” even without evidence of actual confusion, and the Federal Circuit agreed.
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