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Journal of Intellectual Property Law & Practice Advance Access originally published online on June 18, 2008
Journal of Intellectual Property Law & Practice 2008 3(8):498-499; doi:10.1093/jiplp/jpn106
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Japonais restaurant name and concept do not have to go back to Sweet Home Chicago

Stephanie H. Bald
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Segal v Geisha NYC LLC, 2008 US App. LEXIS 3763 (7th Cir. 22 February 2008)

The US Court of Appeals for the 7th Circuit affirmed a district court's decision dismissing a trade mark infringement claim by a co-founder of the Chicago restaurant Japonais based on the three other co-founders' expansion of the Japonais restaurant to New York and Las Vegas locations, because the operating agreements for the Japonais Chicago restaurant authorized such expansion; the 7th Circuit held that the co-founder's trade mark infringement claim failed as a matter of law because there could be no likelihood of confusion where the alleged infringer's use of the mark was authorized.

Correspondence: Email: stephanie.bald{at}finnegan.com


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