International Trade Commission can issue orders against infringing imports wherever it finds "unfair methods of competition and unfair acts in the importation of articles . . . into the United States" 19 U.S.C. 1337(a).
A trade name "signifies the goodwill in an enterprise as a whole, rather than particular products or services." Trade names are governed by state law and cannot be registered with PTO. Infringement of a trade name is governed by the same principles, however: whether the use is likely to cause confusion in the marketplace.
3. Trade secrets. Trade secrets are protected under state law. Thirty-four states and the District of Columbia have statutory trade secret protection laws. Trade secrets take many forms, including technical knowhow and other things of commercial value such as business plans and customer lists. The key factor is that the item must be secret and be treated as such by the owner--i.e. not be in the public domain. It is not enough for the owner to require a third party to keep matter confidential; it must also restrict use. F
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