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MEAD DATA CENT., INC. v. TOYOTA MOTOR SALES

No. 862, Docket 89-7001.

875 F.2d 1026 (1989)

MEAD DATA CENTRAL, INC., Plaintiff-Appellee, v. TOYOTA MOTOR SALES, U.S.A., INC. and Toyota Motor Corp., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 18, 1989.

Attorney(s) appearing for the Case

Arthur D. Gray, New York City (Albert J. Breneisen, Kenyon & Kenyon, Edward W. Greason, William T. Boland, Howard J. Shire and Mary E. Mahon, New York City, of counsel), for defendants-appellants.

Charles J. Faruki, Dayton, Ohio (Smith & Schnacke, Sue K. McDonnell and Mary L. Readey, Dayton, Ohio, and Dean Ringel, Cahill Gordon & Reindel, New York City, of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, CARDAMONE, Circuit Judges, and SWEET, District Judge.

VAN GRAAFEILAND, Circuit Judge:

Toyota Motor Sales, U.S.A., Inc. and its parent, Toyota Motor Corporation, appeal from a judgment of the United States District Court for the Southern District of New York (Edelstein, J.) enjoining them from using LEXUS as the name of their new luxury automobile and the division that manufactures it. The district court held that, under New York's antidilution statute, N.Y.Gen.Bus.Law § 368-d, Toyota's use of LEXUS is likely to...

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