Monday, July 23, 2007

Prof. McCarthy Calls Second Circuit's "BUKHARA" Decision a "Great Embarrassment"

The Seattle Trademark Lawyer blog notes a new article in Inside Lawyer, concerning the Second Circuit's decision in the BUKHARA restaurant case. The court concluded that the Lanham Act cannot be read to afford protection to a foreign mark under the "famous marks" doctrine. ITC Limited v. Punchgini, Inc., Case No. 05-0933 (March 28, 2007). [TTABlogged here].

BUKHARA: New Delhi, India

Professor McCarthy calls the decision a "great embarrassment" for the United States. He is concerned that, by not living up to its treaty obligations, the United States is open to criticism as it attempts to persuade other countries to respect intellectual property rights. According to McCarthy, the court chose a narrow reading of the statute, but he believes there is a way to incorporate the doctrine into federal law [although the article does not reveal what that way is].

Ron Coleman, at his Likelihood of Confusion blog, disagrees with "The Great One."

Text Copyright John L. Welch 2007.


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