Yesterday the New York Court of Appeals accepted the following certified questions from the United States Court of Appeals, Second Circuit, in ITC Limited and ITC Hotels Limited, Appellants, v Punchgini, Inc., Raja Jhanjee, Paragnesh Desai, Vicky Vij, Dhandu Ram, Mahendra Singh, Bachan Rawat, Bukhara Grill II, Inc., Docket No. 05-0933-cv:
1. Does New York common law permit the owner of a famous mark or trade dress to assert property rights therein by virtue of the owner’s prior use of the mark or dress in a foreign country?
2. If so, how famous must a foreign mark be to permit a foreign mark owner to bring a claim for unfair competition?