United States Second Circuit

Because a trier of fact might find NYSE building's facade bearing the words "New York Stock Exchange" to be inherently distinctive, summary judgment on Lanham Act trademark dilution claim as to that mark vacated and remanded; summary judgment was properly granted on all other Lanham Act trademark dilution and infringement claims, but summary judgment on state law tarnishment claim vacated and remanded.

Appellate Information

• Decided 04/01/2002
• Published 04/01/2002

Judges

• WINTER, Circuit Judge., Before WALKER, Chief Judge, WINTER, and JACOBS, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• William R. Golden, Jr.,Kelley Drye & Warren LLP, New York, NY;  Michelle M. Graham, of counsel;  Joseph D. Garon, Doreen L. Costa, Baker & Botts LLP, New York, NY, of counsel, for Plaintiff-Appellant.


• For Appellees:
  
• Kenneth A. Plevan,Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY;  Bruce J. Goldner, Scott D. Brown, of counsel;  Mark G. Tratos, Quirk & Tratos, Las Vegas, NV, of counsel, for Defendants-Appellees.