• Appellate Decision Limits Protection for Internationally Famous Trademarks
  • April 16, 2007 | Author: Peter L. Simmons
  • Law Firm: Fried, Frank, Harris, Shriver & Jacobson LLP - New York Office
  • In a recent decision, the United States Court of Appeals for the Second Circuit -- the federal appeals court that sits in New York -- held that the fame of a restaurant operated in New Delhi and several Asian cities was not a basis on which the name of the restaurant could be protected from misappropriation in the United States under federal trademark and unfair competition law, notwithstanding that the name might be known to significant numbers of restaurant-goers in the United States. ITC Limited v. Punchgini, Inc., No. 05-0933-cv (2d Cir. Mar. 28, 2007).