Are Foreign Trademarks Protected Under NY Law?

Law360, New York (January 7, 2008, 12:00 AM EST) -- The interesting question of whether a trademark used only abroad can be the basis of an unfair competition claim under New York law was decided on Dec. 13, 2007, by New York’s highest court, the New York Court of Appeals. ITC Limited v. Punchgini, et al., USCOA 2 No. 165 (N.Y. December 13, 2007).

The case was certified by the U.S. Court of Appeals for the Second Circuit, which asked the New York Court of Appeals to resolve two questions regarding New York common law claims...
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