P. Daussa Corp. And Sutton Cosmetics, Inc. v. Sutton Cosmetics (p.r.) Inc.

LUMBARD, Circuit Judge:

Sutton Cosmetics (P.R.) Inc. [hereinafter Sutton] appeals from Judge Motley’s denial of a preliminary injunction which Sutton had requested to keep P. Daussa Corp. [hereinafter Daussa] from selling Daussa’s “Sutton” products in competition with Sutton’s “Sutton” products. We reverse.

Until June of 1970, “Sutton” was a registered trademark held by the Scher-ing Corporation and used by it to market “Sutton” toiletry products. In June, 1970, Schering determined to discontinue its “Sutton” sales and to abandon the “Sutton” mark. Though several companies, including the…