Doctrine Of Foreign Equivalents And Foreign Language Marks In Trademark Cases


A recent court decision in a trademark dispute quoted the familiar line from Shakespeare, “What's in a name? . . . That which we call a rose by any other name would smell as sweet.”[i]

So began the analysis of a decision by the U.S. District Court for the Southern District Court of New York over the rights to an Italian olive name in Orto Conserviera Cameranese D Giacchetti Marino & C.S.N.C. and Penta International Inc. v. Bioconserve S.R.L. and Bella d Cerignola Inc.[ii]

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