ITC Ltd. v. Punchgini, Inc.
Appeal from an award of summary judgment in favor of defendants on claims of trademark infringement, unfair competition, and false advertising in connection with defendants’ use of a mark for restaurant services that plaintiffs had stopped using in the United States for more than three years but that they assert nevertheless qualifies for protection as a “famous mark” based on continuing international use.
Decision affirmed in part; reserved in part pending the response of the New York Court of Appeals to certified questions of state law.
