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.