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DEERE & CO. v. MTD PRODUCTS, INC.

No. 858, Dockets 94-7799, 94-7863.

41 F.3d 39 (1994)

DEERE & COMPANY, Plaintiff-Appellee, Cross-Appellant, v. MTD PRODUCTS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 21, 1994.

Attorney(s) appearing for the Case

Patricia Hatry, New York City (Jeffrey C. Katz, Neal H. Klausner, Davis & Gilbert, on the brief), for defendant-appellant.

Richard Kurnit, New York City (Arthur J. Ginsburg, Edward H. Rosenthal, David Y. Atlas, Kyran Cassidy, Frankfurt, Garbus, Klein & Selz, on the brief), for plaintiff-appellee.

Before: NEWMAN, Chief Judge, WALKER and CALABRESI, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal in a trademark case presents a rarely litigated issue likely to recur with increasing frequency in this era of head-to-head comparative advertising. The precise issue, arising under the New York anti-dilution statute, N.Y.Gen.Bus.Law § 368-d (McKinney 1984), is whether an advertiser may depict an altered form of a competitor's trademark to identify the competitor's product in a comparative ad. The issue arises on an appeal...

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