American Cyanamid Co. v. Sterling Drug, Inc.

LECHNER, District Judge.

This action based on trademark infringement is brought by the makers of the household cleaning product, “Pine-Sol,” against the makers of a similar product, “Lysol Pine Action.” It appears the central ingredient in each of these household cleaning products is pine oil. The complaint charges defendant with trademark infringement and breach and frustration of purpose of an agreement entered into by the parties in 1967. Plaintiff has demanded a trial by jury. Defendant has moved to strike the jury demand on the ground the claims asserted are equitable by nature and thus…