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ITC LTD. v. PUNCHGINI, INC.

9 N.Y.3d 467 (2007)

880 N.E.2d 852

850 N.Y.S.2d 366

ITC LIMITED et al., Appellants, v. PUNCHGINI, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 13, 2007.

Attorney(s) appearing for the Case

King & Spalding LLP, New York City (Ethan Horwitz, Jill Wasserman, Dana S. Gross and Charles A. Pannell, III, of counsel), for appellant.

Kenyon & Kenyon LLP, New York City (Michelle Mancino Marsh, Michael J. Freno and Matthew Moersfelder of counsel), for respondents.

Fross Zelnick Lehrman & Zissu, P.C., New York City (J. Allison Strickland and Laura Popp-Rosenberg of counsel), for American Intellectual Property Law Association, amicus curiae.

Dorsey & Whitney LLP, New York City (Bruce R. Ewing of counsel), Theodore H. Davis, Jr., and David C. Stimson for International Trademark Association, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

The United States Court of Appeals for the Second Circuit has asked us to resolve two questions regarding New York common-law claims for unfair competition. We conclude that New York recognizes common-law unfair competition claims, but not the "famous" or "well-known" marks doctrine.

I.

ITC Limited, a corporation organized under the laws of India, owns and operates...

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