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ITC Limited and ITC Hotels Limited v. Punchgini, Inc.
United States Court of Appeals for the Second Circuit
482 F.3d 135 (2007)
ITC Limited (ITC) (plaintiff) owned a hotel in India in which it operated a restaurant called “Bukhara.” This restaurant had been operated since 1977 and had gained some international fame. ITC had also opened franchises of Bukhara in multiple countries over the years. In 2004, ITC had Bukhara restaurants in New Delhi, Singapore, Kathmandu, and Ajman. ITC had opened Bukhara restaurants in New York City and Chicago in 1987. ITC then registered the trademark “Bukhara” for restaurant services with the United States Patent and Trademark Office in October 1987. However, the New York City restaurant closed in 1991, and the Chicago restaurant closed in 1997. Punchgini, Inc. (Punchgini) (defendant) opened an Indian restaurant in New York City in 1999 and chose the name “Bukhara Grill.” The founders of Punchgini had worked at ITC’s restaurants prior to founding Bukhara Grill. Punchgini argued that ITC had abandoned its trademark. ITC sued on the basis of unfair competition under the Lanham Act.
Rule of Law
Holding and Reasoning (Raggi, J.)
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