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Journal of Intellectual Property Law & Practice Advance Access originally published online on July 24, 2007
Journal of Intellectual Property Law & Practice 2007 2(9):585-586; doi:10.1093/jiplp/jpm122
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Foreign fame is not enough to confer US trade mark rights

Christianna Lewis Barnhart
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

ITC Ltd v Punchgini, Inc., No. 05-09933-CV, 2007 US App. LEXIS 7215 (2d Cir. 28 March 2007)

On appeal from the Southern District of New York, the Second Circuit affirmed the award of summary judgment against ITC's trade mark infringement, unfair competition, and false advertising claims under state and federal law, holding that the famous marks doctrine was not incorporated by Congress into the Lanham Act and thus not a federally protected right.

Correspondence: Email: christianna.barnhart{at}finnegan.com


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