E.T. Browne Drug Co. v. Cococare Products, Inc.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
This case involves a dispute between two manufacturers of personal care and beauty products that contain cocoa butter. E.T. Browne Drug Co., Inc. (“Browne”) claims that it has a protected trademark interest under the Lanham Act, 15 U.S.C. § 1051 et seq., in the term “Cocoa Butter Formula,” 1 which features prominently on its products. Cococare Products, Inc. (“Coco-care”) disputes the validity of this asserted trademark. The District Court entered summary judgment in Cococare’s favor after concluding that the term is generic and thus may not receive…
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