Originally posted 2014-10-06 09:52:11. Republished by Blog Post Promoter
Las Vegas Trademark Attorney reports that the Second Circuit has taken the “advice” of the New York Court of Appeals and rendered a final decision in the BUKHARA â€œfamous marks doctrineâ€ case. Writing about the original Second Circuit opinion from last year, he says:
The court even acknowledged that its decision to reject the â€œfamous marksâ€ doctrine conflicts with the Ninth Circuitâ€™s decision in Grupo Gigante S.A. de C.V. v. Dallo & Co., 391 F.3d 1088, (9th Cir. 2004) which recognized the â€œfamous marksâ€ doctrine with respect to federal trademark rights, and goes against famed trademark treatise author J. Thomas McCarthy, who has apparently called the decision â€œembarrassingâ€ (see write-up by Seattle Trademark Lawyer and contrasting write-up by Likelihood of Confusion). This circuit conflict alone leads some (myself included) to believe that a grant of certiorari from the U.S. Supreme Court is in the future.
Yeah, contrasting! It would be great if the Supremes would take this up.