United States Second Circuit

Summary judgment for defendants on claims of trademark infringement, unfair competition, and related false advertising is reversed in part pending response of the New York Court of Appeals to the following certified questions: 1) Does New York common law permit the owner of a famous mark or trade dress to assert property rights therein by virtue of the owner's prior use of the mark or dress in a foreign country?; and 2) If so, how famous must a foreign mark be to permit a foreign mark owner to bring a claim for unfair competition?

Appellate Information

• Decided 03/28/2007
• Published 03/28/2007

Judges

• REENA RAGGI, Circuit Judge:, Before:  STRAUB and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ethan Horwitz (Jill Wasserman, on the brief), King and Spalding, New York, NY, for Plaintiffs.


• For Appellees:
  
• Michelle Mancino Marsh (Michael J. Freno, on the brief), Kenyon & Kenyon, New York, NY, for Defendants.