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FARBENFABRIKEN BAYER A.G. v. STERLING DRUG, INC.

No. 13807.

307 F.2d 210 (1962)

FARBENFABRIKEN BAYER A.G., Appellant, v. STERLING DRUG, INC.

United States Court of Appeals Third Circuit.

Decided August 9, 1962.

Attorney(s) appearing for the Case

Thurman Arnold, Washington, D. C. (Milton V. Freeman, Edgar H. Brenner, Werner J. Kronstein, Arnold, Fortas & Porter, Washington, D. C., Jay E. Bailey, Bailey & Schenck, Newark, N. J., on the brief), for appellant.

Robert G. Zeller, New York City (John T. Cahill, New York City, Cahill, Gordon, Reindel & Ohl, New York City, Rogers, Hoge & Hills, New York City, O'Mara, Schumann, Davis & Lynch, Jersey City, N. J., on the brief), for appellee.

Before McLAUGHLIN, STALEY and GANEY, Circuit Judges.

STALEY, Circuit Judge.

This is a civil action commenced under the antitrust laws, § 1 of the Sherman Anti-Trust Act, 15 U.S.C.A. § 1, and §§ 4 and 6 of the Clayton Act, 15 U.S.C.A. §§ 15 and 26. In its complaint, plaintiff alleged that defendant has without right asserted trademark rights in the word "Bayer" and the Bayer Cross, as a means of suppressing competition, and that such assertion constitutes a violation of the antitrust laws...

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