Sutton Cosmetics (P. R.) Inc. v. Lander Co., Inc., Scott Chemical Co., Inc.

This case presents a novel question concerning the applicability of 15 U.S.C. § 1125(a) (1970). The majority applies principles of trademark and unfair competition law that were established to deal with circumstances significantly different from those we find here.

The essential facts are: Schering sold the bulk of its remaining inventory to Sutton (P.R.), released the manufacturer which supplied it with deodorant from an exclusive production contract, and formally abandoned the trademark “Sutton.” After the abandonment, Sutton (P.R.) and Lander both sold deodorant under the name “Sutton.”…