The Famous Marks Exception to the Territoriality Principle in American Trademark Law‪.‬

INTRODUCTION Over the course of thirty years of continuous operation, a restaurant named "Bukhara" in New Delhi, India, develops a reputation as one of the world's finest restaurants. (2) The restaurant becomes famous throughout much of the world, and the restaurant's owners decide to open several additional Bukhara restaurants outside of India. (3) Meanwhile, five individuals in New York, familiar with the famous Bukhara restaurant in New Delhi, decide to open an Indian restaurant in New York called "Bukhara Grill." (4) The New York restaurateurs, in addition to choosing a similar name for their restaurant, also replicate the New Delhi restaurant's logos, decor, staff uniforms, menus, and red-checkered bibs. (5) The owners of the New York Bukhara Grill admit they chose their restaurant's name, at least in part, due to the recognition of the "Bukhara" mark among the relevant population in New York familiar with the New Delhi restaurant. (6) The owners of the New Delhi Bukhara restaurant do not operate any restaurants in the United States, and they do not currently have the Bukhara mark registered with the United States Patent and Trademark Office ("USPTO"). (7) Can the owners of the New Delhi Bukhara restaurant assert any substantive rights in U.S. courts to enjoin the owners of the New York Bukhara Grill from infringing its famous trademark?