Legal Opinion
American Home Products Corporation and Boyle-Midway, Inc. v. Johnson Chemical Co., Inc.
Court of Appeals for the Second Circuit
Decided December 13, 1978No. 290, Docket 78-7306PublishedCited by 100 opinions
1Opinion of the Court
GURFEIN, Circuit Judge.
Plaintiff-appellant Boyle-Midway, Inc. (“Boyle”) is a wholly-owned subsidiary of plaintiff-appellant American Home Products Corporation. Boyle manufactures and markets a line of insecticide products popularly known as “Black Flag.” Defendant-appellee, Johnson Chemical Co., Inc. (“Johnson”) has been selling a line of insecticides marketed under the registered trademark “King Spray” since 1963.
As part of its Black Flag insecticide line, Boyle, since May 1976, has produced and sold an insect trap under the coined brand name ROACH MOTEL. This product is an open-ended box…
2Cases cited23 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Fed. Sec. L. Rep. P 94,041 Sonesta International Hotels Corporation v. Wellington AssociatesCourt of Appeals for the Second Circuit · 1973
- Triebwasser & Katz, a Partnership Consisting of Jonah Triebwasser and William Katz v. American Telephone & Telegraph CompanyCourt of Appeals for the Second Circuit · 1976
- Scarves by Vera, Inc. v. Todo Imports Ltd. (Inc.)Court of Appeals for the Second Circuit · 1976
- The W. E. Bassett Company v. Revlon, Inc., the W. E. Bassett Company v. Revlon, Inc., (Two Cases)Court of Appeals for the Second Circuit · 1970
18 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Louis Vuitton Malletier S.A. v. Sunny Merchandise Corp.District Court, S.D. New York · 2015
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Fun-Damental Too, Ltd. v. Gemmy Industries Corp. Kay-Bee Toy & Hobby Shops, IncorporatedCourt of Appeals for the Second Circuit · 1997
95 more not listed; retrieve them via the Exa API.