United States Second Circuit

In case involving dispute over a mark for restaurant services, summary judgment for defendants on plaintiffs' state claim for unfair competition is affirmed over claim that the district court erred by applying a different and stricter standard to its secondary meaning analysis than the New York Court of Appeals has now identified in response to a certified question.

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

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.