New York Court of Appeals
ITC Limited, Appellants v. Punchgini, Inc., Respondents
December 13, 20079 N.Y.3d 467
Summary
The New York Court of Appeals answered two certified questions, holding that New York common law permits owners of famous foreign marks to assert property rights under the misappropriation theory of unfair competition, and that a foreign mark must have actual goodwill in New York—evidenced by consumer association—to support such a claim.