Legal Opinion
Sutton Cosmetics (P. R.) Inc. v. Lander Co., Inc., Scott Chemical Co., Inc.
Court of Appeals for the Second Circuit
Decided January 25, 1972No. 208, Docket 71-1722PublishedCited by 38 opinions
1Opinion of the Court
*286LUMBARD, Circuit Judge:
Appellants Lander Co., Inc., a Delaware corporation, and Scott Chemical Co., Inc., a New York corporation, [hereinafter Lander] were preliminarily enjoined by the district court for the Southern District from using the surname “Sutton” as a trademark in the sale of cosmetics and toiletries and from selling any Sutton products which Lander had produced and held in inventory.
Judge Metzner held that Lander’s use of the trademark “Sutton” was a false designation of origin proscribed by section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), because “Sutton” was already being…
2Cases cited25 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Checker Motors Corporation v. Chrysler Corporation and Chrysler Motors Corporation, Checker Taxi Company, Inc., Additional on CounterclaimCourt of Appeals for the Second Circuit · 1969
20 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975
- A. T. Cross Company v. Jonathan Bradley Pens, Inc.Court of Appeals for the Second Circuit · 1972
- Beech-Nut, Inc. v. Warner-Lambert CompanyCourt of Appeals for the Second Circuit · 1973
- Dial-A-Mattress Operating Corp. v. Mattress Madness, Inc.District Court, E.D. New York · 1994
33 more not listed; retrieve them via the Exa API.