· 2/24/1998
Tommaso Buti Fashion World Company, Plaintiffs-Counter-Defendants-Appellees v. Impressa Perosa, S.R.L., Defendant-Counter-Claimant-Appellant
Citations
- 139 F.3d 98
- 45 U.S.P.Q. 2d (BNA) 1985
- 1998 U.S. App. LEXIS 2875
- 1998 WL 107690
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “Impressa’s registration and use of the Fashion Café name in Italy has not, given the territorial nature of trademark rights, secured it any rights in the name under the Lanham Act”
- noting that a key inquiry is “whether [the plaintiffl has conducted the affairs of its Milan Fashion Cafe in such a way as to ‘substantially affect’ United States interstate or foreign commerce, and thereby fall within Congress’ authority under the Commerce Clause”
- affirming district court’s decision to decline supplemental jurisdiction after granting summary judgment
- affirming district court’s decision to decline supplemental jurisdiction after granting summary judgment
- federal registration rights “exist[] only ‘as a right appurtenant to an established 6 business or trade in connection with which the mark is employed’”
- federal registration rights “exist[] only ‘as a right appurtenant to an established 20 business or trade in connection with which the mark is employed’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Cabranes, Cote
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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