Second Circuit Limits Famous Foreign Trademark Protection Without Domestic Use

The Second Circuit recently ruled that, in the absence of specific Congressional legislation, owners of famous foreign trademarks must show use within the United States to avail themselves of the protections offered by American federal law. The Court of Appeals also certified questions to the district court as to whether New York common law protects a famous foreign trademark that only has been used in a foreign country. The case is an instructive overview of the law of trademark abandonment and the famous marks doctrine.

17 minute readMay 31, 2007 at 04:14 PM
By
Kyle-Beth Hilfer
Second Circuit Limits Famous Foreign Trademark Protection Without Domestic Use

The Second Circuit recently ruled that, in the absence of specific Congressional legislation, owners of famous foreign trademarks must show use within the United States to avail themselves of the

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