Court Limits Rights On Famous Trademarks

Law360, New York (April 2, 2007, 12:00 AM EDT) -- In a significant interpretation of cross-country trademark laws, an appeals court has ruled that owners of famous trademarks do not have exclusive rights to their brands in countries where they are not established.

Last week, the U.S. Court of Appeals for the Second Circuit sided with defendant Punchgini Inc., which was sued for allegedly infringing the restaurant brand Bukhara. The decision affirmed a district judge’s summary judgment and found that the plaintiff, ITC Ltd., had already abandoned its trademark in the United States and therefore could...
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